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Abeler from the Committee on Health and Human Services Finance to which was referred:
S. F. No. 1675, A bill for an act relating to human services; modifying provisions related to children and family services; reforming adoptions under guardianship of the commissioner; modifying statutory provisions related to child support, child care, child safety, and MFIP; amending Minnesota Statutes 2010, sections 13.46, subdivision 2; 13.461, subdivision 17; 13.465, by adding a subdivision; 119B.09, subdivision 7; 119B.12, subdivisions 1, 2; 119B.125, subdivisions 1a, 2, 6; 119B.13, subdivision 6; 145.902, subdivisions 1, 3; 256.998, subdivisions 1, 5; 256J.08, subdivision 11; 256J.24, subdivisions 2, 5; 256J.32, subdivision 6; 256J.621; 256J.68, subdivision 7; 256J.95, subdivision 3; 257.01; 257.75, subdivision 7; 259.22, subdivision 2; 259.23, subdivision 1; 259.24, subdivisions 1, 3, 5, 6a, 7; 259.29, subdivision 2; 259.69; 259.73; 260.012; 260C.001; 260C.007, subdivision 4, by adding subdivisions; 260C.101, subdivision 2; 260C.150, subdivision 1; 260C.157, subdivision 1; 260C.163, subdivisions 1, 4; 260C.178, subdivisions 1, 7; 260C.193, subdivisions 3, 6; 260C.201, subdivisions 2, 10, 11a; 260C.212, subdivisions 1, 2, 5, 7; 260C.215, subdivisions 4, 6; 260C.217; 260C.301, subdivisions 1, 8; 260C.317, subdivisions 3, 4; 260C.325, subdivisions 1, 3, 4; 260C.328; 260C.451; 260D.08; 518C.205; 541.04; 548.09, subdivision 1; 609.3785; 626.556, subdivisions 2, 10, 10e, 10f, 10i, 10k, 11; Minnesota Statutes 2011 Supplement, sections 119B.13, subdivision 1; 256.01, subdivision 14b; proposing coding for new law in Minnesota Statutes, chapters 260C; 611; proposing coding for new law as Minnesota Statutes, chapter 259A; repealing Minnesota Statutes 2010, sections 256.022; 259.67; 259.71; 260C.201, subdivision 11; 260C.215, subdivision 2; 260C.456; Minnesota Rules, parts 9560.0071; 9560.0082; 9560.0083; 9560.0091; 9560.0093, subparts 1, 3, 4; 9560.0101; 9560.0102.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE 1
CHILDREN AND FAMILIES POLICY PROVISIONS
Section 1. Minnesota Statutes 2010, section 13.461, subdivision 17, is amended to read:
Subd. 17. Maltreatment
review panels. Data of the
vulnerable adult maltreatment review panel or the child maltreatment review
panel are classified under section 256.021 or 256.022.
Sec. 2. Minnesota Statutes 2010, section 13.465, is amended by adding a subdivision to read:
Subd. 5a. Adoptive
parent. Certain data that may
be disclosed to a prospective adoptive parent is governed by section 260C.613,
subdivision 2.
Sec. 3. Minnesota Statutes 2010, section 256.998, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this section.
(b) "Date of hiring" means the earlier of: (1) the first day for which an employee is owed compensation by an employer; or (2) the first day that an employee reports to work or performs labor or services for an employer.
(c) "Earnings" means payment owed by an employer for labor or services rendered by an employee.
(d) "Employee" means a person who resides or works in Minnesota, performs services for compensation, in whatever form, for an employer and satisfies the criteria of an employee under chapter 24 of the Internal Revenue Code. Employee does not include:
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7821
(1)
persons hired for domestic service in the private home of the employer, as
defined in the Federal Tax Code; or
(2) an employee of the federal or state agency performing intelligence or counterintelligence functions, if the head of such agency has determined that reporting according to this law would endanger the safety of the employee or compromise an ongoing investigation or intelligence mission.
(e) "Employer" means a person or entity located or doing business in this state that employs one or more employees for payment, and satisfies the criteria of an employer under chapter 24 of the Internal Revenue Code. Employer includes a labor organization as defined in paragraph (g). Employer also includes the state, political or other governmental subdivisions of the state, and the federal government.
(f) "Hiring" means engaging a
person to perform services for compensation and includes the reemploying or
return to work of any previous employee who was laid off, furloughed,
separated, granted a leave without pay, or terminated from employment when a
period of 90 60 days elapses from the date of layoff, furlough,
separation, leave, or termination to the date of the person's return to work.
(g) "Labor organization" means entities located or doing business in this state that meet the criteria of labor organization under section 2(5) of the National Labor Relations Act. This includes any entity, that may also be known as a hiring hall, used to carry out requirements described in chapter 7 of the National Labor Relations Act.
(h) "Payor" means a person or entity located or doing business in Minnesota who pays money to an independent contractor according to an agreement for the performance of services.
Sec. 4. Minnesota Statutes 2010, section 256.998, subdivision 5, is amended to read:
Subd. 5. Report
contents. Reports required under
this section must contain: all the information required by federal
law.
(1) the employee's name, address,
Social Security number, and date of birth when available, which can be
handwritten or otherwise added to the W-4 form, W-9 form, or other document
submitted; and
(2) the employer's name, address, and
federal identification number.
Sec. 5. Minnesota Statutes 2010, section 256J.24, subdivision 5, is amended to read:
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 including a
breakdown of the cash and food portions effective October 1, 2009.
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The amount of the transitional standard is published
annually by the Department of Human Services.
Sec. 6. Minnesota Statutes 2010, section 259.22, subdivision 2, is amended to read:
Subd. 2. Persons
who may be adopted. No petition for
adoption shall be filed unless the person sought to be adopted has been placed
by the commissioner of human services, the commissioner's agent, or a
licensed child-placing agency. The provisions
of this subdivision shall not apply if:
(1) the person to be adopted is over 14 years of age;
(2) the child is sought to be adopted by an individual who is related to the child, as defined by section 245A.02, subdivision 13;
(3) the child has been lawfully placed under the laws of another state while the child and petitioner resided in that other state;
(4) the court waives the requirement of this subdivision in the best interests of the child or petitioners, provided that the adoption does not involve a placement as defined in section 259.21, subdivision 8; or
(5) the child has been lawfully placed under section 259.47.
Sec. 7. Minnesota Statutes 2010, section 259.23, subdivision 1, is amended to read:
Subdivision 1. Venue. (a) Except as provided in section
260C.101, subdivision 2, The juvenile court shall have original
jurisdiction in all adoption proceedings.
The proper venue for an adoption proceeding shall be the county of the
petitioner's residence, except as provided in paragraph (b) section
260C.621, subdivision 2, for the adoption of children under the guardianship of
the commissioner.
(b) Venue for the adoption of a child
committed to the guardianship of the commissioner of human services shall be
the county with jurisdiction in the matter according to section 260C.317,
subdivision 3.
(c) Upon request of the petitioner, the
court having jurisdiction over the matter under section 260C.317, subdivision
3, may transfer venue of an adoption proceeding involving a child under the
guardianship of the commissioner to the county of the petitioner's residence
upon determining that:
(1) the commissioner has given consent
to the petitioner's adoption of the child or that consent is unreasonably
withheld;
(2) there is no other adoption petition
for the child that has been filed or is reasonably anticipated by the
commissioner or the commissioner's delegate to be filed; and
(3) transfer of venue is in the best
interests of the child.
Transfer of venue under this paragraph shall be according to the rules of adoption court procedure.
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(d) (b) In all other
adoptions under this chapter, if the petitioner has acquired a new
residence in another county and requests a transfer of the adoption proceeding,
the court in which an adoption is initiated may transfer the proceeding to the
appropriate court in the new county of residence if the transfer is in the best
interests of the person to be adopted.
The court transfers the proceeding by ordering a continuance and by
forwarding to the court administrator of the appropriate court a certified copy
of all papers filed, together with an order of transfer. The transferring court also shall forward
copies of the order of transfer to the commissioner of human services and any
agency participating in the proceedings.
The judge of the receiving court shall accept the order of the transfer
and any other documents transmitted and hear the case; provided, however, the
receiving court may in its discretion require the filing of a new petition
prior to the hearing.
Sec. 8. Minnesota Statutes 2010, section 259.24, subdivision 1, is amended to read:
Subdivision 1. Exceptions. (a) No child shall be adopted
without the consent of the child's parents and the child's guardian, if there
be one, except in the following instances consent is not required of
a parent:
(a) Consent shall not be required of a parent
(1) who is not entitled to notice of the proceedings.;
(b)
Consent shall not be required of a parent (2) who has abandoned the child, or of a parent who has lost
custody of the child through a divorce decree or a decree of
dissolution, and upon whom notice has been served as required by section
259.49.; or
(c) Consent shall not be required of a
parent (3) whose parental rights to the child have been terminated
by a juvenile court or who has lost custody of a child through a final
commitment of the juvenile court or through a decree in a prior adoption
proceeding.
(d) If there be no parent or guardian
qualified to consent to the adoption, the consent shall be given by the
commissioner. After the court accepts a
parent's consent to the adoption under section 260C.201, subdivision 11,
consent by the commissioner or commissioner's delegate is also necessary. Agreement to the identified prospective
adoptive parent by the responsible social services agency under section
260C.201, subdivision 11, does not constitute the required consent.
(e) (b) If there is no parent or
guardian qualified to consent to the adoption, the commissioner or
agency having authority to place a child for adoption pursuant to section
259.25, subdivision 1, shall have the exclusive right to consent to the
adoption of such the child.
The commissioner or agency shall make every effort to place
siblings together for adoption. Notwithstanding
any rule to the contrary, the commissioner may delegate the right to consent to
the adoption or separation of siblings, if it is in the child's best interest,
to a local social services agency.
Sec. 9. Minnesota Statutes 2010, section 259.24, subdivision 3, is amended to read:
Subd. 3.
Child. When the child to be adopted is over 14
years of age, the child's written consent to adoption by a particular person is
also necessary. A child of any age
who is under the guardianship of the commissioner and is legally available for
adoption may not refuse or waive the commissioner's agent's exhaustive efforts
to recruit, identify, and place the child in an adoptive home required under
section 260C.317, subdivision 3, paragraph (b), or sign a document relieving
county social services agencies of all recruitment efforts on the child's
behalf.
Sec. 10. Minnesota Statutes 2010, section 259.24, subdivision 5, is amended to read:
Subd. 5. Execution. All consents to an adoption shall be in
writing, executed before two competent witnesses, and acknowledged by the
consenting party. In addition, all
consents to an adoption, except those by the commissioner, the commissioner's
agent, a licensed child-placing agency, an adult adoptee, or the child's parent
in a petition for adoption by a stepparent, shall be executed before a
representative of the commissioner, the commissioner's agent, or a licensed
child-placing agency. All consents
by a parent to adoption under this chapter:
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(1) shall contain notice to the parent of
the substance of subdivision 6a, providing for the right to withdraw consent
unless the parent will not have the right to withdraw consent because
consent was executed under section 260C.201, subdivision 11, following proper
notice that consent given under that provision is irrevocable upon acceptance
by the court as provided in subdivision 6a; and
(2) shall contain the following written notice in all capital letters at least one-eighth inch high:
"This The agency responsible
for supervising the adoptive placement of the child will submit your consent
to adoption to the court. If you are
consenting to adoption by the child's stepparent, the consent will be submitted
to the court by the petitioner in your child's adoption. The consent itself does not terminate your
parental rights. Parental rights to a
child may be terminated only by an adoption decree or by a court order
terminating parental rights. Unless the
child is adopted or your parental rights are terminated, you may be asked to
support the child."
Consents shall be filed in the adoption proceedings at any time before the matter is heard provided, however, that a consent executed and acknowledged outside of this state, either in accordance with the law of this state or in accordance with the law of the place where executed, is valid.
Sec. 11. Minnesota Statutes 2010, section 259.24, subdivision 6a, is amended to read:
Subd. 6a. Withdrawal
of consent. Except for consents
executed under section 260C.201, subdivision 11, A parent's consent to
adoption under this chapter may be withdrawn for any reason within ten
working days after the consent is executed and acknowledged. No later than the tenth working day after
the consent is executed and acknowledged, written notification of
withdrawal of consent must be received by:
(1) the agency to which the child was surrendered no later than
the tenth working day after the consent is executed and acknowledged;
(2) the agency supervising the adoptive placement of the child; or (3) in the
case of adoption by the step parent or any adoption not involving agency
placement or supervision, by the district court where the adopting stepparent
or parent resides. On the day
following the tenth working day after execution and acknowledgment, the consent
shall become irrevocable, except upon order of a court of competent
jurisdiction after written findings that consent was obtained by fraud. A consent to adopt executed under section
260C.201, subdivision 11, is irrevocable upon proper notice to both parents of
the effect of a consent to adopt and acceptance by the court, except upon order
of the same court after written findings that the consent was obtained by
fraud. In proceedings to determine the
existence of fraud, the adoptive parents and the child shall be made parties. The proceedings shall be conducted to
preserve the confidentiality of the adoption process. There shall be no presumption in the
proceedings favoring the birth parents over the adoptive parents.
Sec. 12. Minnesota Statutes 2010, section 259.24, subdivision 7, is amended to read:
Subd. 7. Withholding
consent; reason. Consent to an
adoption shall not be unreasonably withheld by a guardian, who is not a parent
of the child, by the commissioner or by an agency.
Sec. 13. Minnesota Statutes 2010, section 259.29, subdivision 2, is amended to read:
Subd. 2. Placement with relative or friend. The authorized child-placing agency shall consider placement, consistent with the child's best interests and in the following order, with (1) a relative or relatives of the child, or (2) an important friend with whom the child has resided or had significant contact. In implementing this section, an authorized child-placing agency may disclose private or confidential data, as defined in section 13.02, to relatives of the child for the purpose of locating a suitable adoptive home. The agency shall disclose only data that is necessary to facilitate implementing the preference.
If the child's birth parent or parents
explicitly request that placement with relatives a specific relative
or important friends friend not be considered, the authorized
child-placing agency shall honor that request if it is consistent with
the best interests of the child and consistent with the requirements of
sections 260C.212, subdivision 2, and 260C.221.
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If the child's birth parent or parents express a preference for placing the child in an adoptive home of the same or a similar religious background to that of the birth parent or parents, the agency shall place the child with a family that meets the birth parent's religious preference.
This subdivision does not affect the Indian Child Welfare Act, United States Code, title 25, sections 1901 to 1923, and the Minnesota Indian Family Preservation Act, sections 260.751 to 260.835.
Sec. 14. Minnesota Statutes 2010, section 260C.193, subdivision 3, is amended to read:
Subd. 3. Best interest of the child in foster care or
residential care. (a) The policy
of the state is to ensure that the best interests of children in foster or
residential care are met by requiring individualized determinations under
section 260C.212, subdivision 2, paragraph (b), of the needs of the child and
of how the selected placement will serve the needs of the child in foster care
placements.
(b) The court shall review whether the responsible social
services agency made efforts as required under section 260C.212, subdivision
5 260C.221, and made an individualized determination as required
under section 260C.212, subdivision 2.
If the court finds the agency has not made efforts as required under
section 260C.212, subdivision 5 260C.221, and there is a relative
who qualifies to be licensed to provide family foster care under chapter 245A,
the court may order the child placed with the relative consistent with the
child's best interests.
(c) If the child's birth parent or parents explicitly request that a relative or important friend not be considered, the court shall honor that request if it is consistent with the best interests of the child and consistent with the requirements of section 260C.221. If the child's birth parent or parents express a preference for placing the child in a foster or adoptive home of the same or a similar religious background to that of the birth parent or parents, the court shall order placement of the child with an individual who meets the birth parent's religious preference.
(d) Placement of a child cannot be delayed or denied based on race, color, or national origin of the foster parent or the child.
(e) Whenever possible, siblings requiring foster care placement should be placed together unless it is determined not to be in the best interests of a sibling after weighing the benefits of separate placement against the benefits of sibling connections for each sibling. If siblings are not placed together according to section 260C.212, subdivision 2, paragraph (d), the responsible social services agency shall report to the court the efforts made to place the siblings together and why the efforts were not successful. If the court is not satisfied with the agency's efforts to place siblings together, the court may order the agency to make further efforts. If siblings are not placed together the court shall review the responsible social services agency's plan for visitation among siblings required as part of the out-of-home placement plan under section 260C.212.
(f) This subdivision does not affect the Indian Child Welfare Act, United States Code, title 25, sections 1901 to 1923, and the Minnesota Indian Family Preservation Act, sections 260.751 to 260.835.
Sec. 15. Minnesota Statutes 2010, section 260C.201, subdivision 11a, is amended to read:
Subd. 11a. Permanency progress review for
children under eight in foster care for six months. (a) If the child was under eight years
of age at the time the petition was filed alleging the child was in need of
protection or services, and the When a child continues in placement
out of the home of the parent or guardian from whom the child was removed, no
later than six months after the child's placement the court shall conduct a
permanency progress hearing to review:
(1) the progress of the case, the parent's progress
on the case plan or out-of-home placement plan, and whichever
is applicable;
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(2) the agency's reasonable, or
in the case of an Indian child, active efforts for reunification and its
provision of services.;
(3) the agency's reasonable efforts to
finalize the permanent plan for the child under section 260.012, paragraph (e),
and to make a placement as required under section 260C.212, subdivision 2, in a
home that will commit to being the legally permanent family for the child in
the event the child cannot return home according to the timelines in this
section; and
(4) in the case of an Indian child,
active efforts to prevent the breakup of the Indian family and to make a
placement according to the placement preferences under United States Code,
title 25, chapter 21, section 1915.
(b) Based on its assessment of the
parent's or guardian's progress on the out-of-home placement plan, the
responsible social services agency must ask the county attorney to file a
petition for termination of parental rights, a petition for transfer of permanent legal and physical custody to a
relative, or the report required under juvenile court rules.
(b) The court shall ensure that notice
of the hearing is sent to any relative who:
(1) responded to the agency's notice provided under section 260C.221, indicating an interest in participating in planning for the child or being a permanency resource for the child and who has kept the court apprised of the relative's address; or
(2) asked to be notified of court proceedings regarding the child as is
permitted in section 260C.152, subdivision 5.
(c)(1) If the parent or guardian has maintained contact with the child and is complying with the court-ordered out-of-home placement plan, and if the child would benefit from reunification with the parent, the court may either:
(i) return the child home, if the conditions which led to the out-of-home placement have been sufficiently mitigated that it is safe and in the child's best interests to return home; or
(ii) continue the matter up to a total of six additional months. If the child has not returned home by the end of the additional six months, the court must conduct a hearing according to subdivision 11.
(2) If the court determines that the
parent or guardian is not complying with the out-of-home placement plan or is
not maintaining regular contact with the child as outlined in the visitation
plan required as part of the out-of-home placement plan under section 260C.212,
the court may order the responsible social services agency:
(i) to develop a plan for legally
permanent placement of the child away from the parent and;
(ii) to consider, identify, recruit,
and support one or more permanency resources from the child's relatives and
foster parent to be the legally permanent home in the event the child cannot be
returned to the parent. Any relative or
the child's foster parent may ask the court to order the agency to consider
them for permanent placement of the child in the event the child cannot be
returned to the parent. A relative or
foster parent who wants to be considered under this item shall cooperate with
the background study required under section 245C.08, if the individual has not
already done so, and with the home study process required under chapter 245A
for providing child foster care and for adoption under section 259.41. The home study referred to in this item shall
be a single-home study in the form required by the commissioner of human
services or similar study required by the individual's state of residence when
the subject of the study is not a resident of Minnesota. The court may order the responsible social
services agency to make a referral under the Interstate Compact on the
Placement of Children when necessary to obtain a home study for an individual
who wants to be considered for transfer of permanent legal and physical custody
or adoption of the child; and
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(iii) to file a petition to support an order for the legally permanent placement plan.
(d) Following the review under paragraphs (b) and (c)
this subdivision:
(1) if the court has either returned the child home or continued the matter up to a total of six additional months, the agency shall continue to provide services to support the child's return home or to make reasonable efforts to achieve reunification of the child and the parent as ordered by the court under an approved case plan;
(2) if the court orders the agency to develop a plan for
the transfer of permanent legal and physical custody of the child to a
relative, a petition supporting the plan shall be filed in juvenile court
within 30 days of the hearing required under this subdivision and a trial on
the petition held within 30 60 days of the filing of the
pleadings; or
(3) if the court orders the agency to file a termination of
parental rights, unless the county attorney can show cause why a termination of
parental rights petition should not be filed, a petition for termination of
parental rights shall be filed in juvenile court within 30 days of the hearing
required under this subdivision and a trial on the petition held within 90
60 days of the filing of the petition.
Sec. 16. Minnesota Statutes 2010, section 260C.212, subdivision 1, is amended to read:
Subdivision 1. Out-of-home placement; plan. (a) An out-of-home placement plan shall be prepared within 30 days after any child is placed in foster care by court order or a voluntary placement agreement between the responsible social services agency and the child's parent pursuant to subdivision 8 or chapter 260D.
(b) An out-of-home placement plan means a written document
which is prepared by the responsible social services agency jointly with the
parent or parents or guardian of the child and in consultation with the child's
guardian ad litem, the child's tribe, if the child is an Indian child, the
child's foster parent or representative of the residential foster
care facility, and, where appropriate, the child. For a child in voluntary foster care for
treatment under chapter 260D, preparation of the out-of-home placement plan
shall additionally include the child's mental health treatment provider. As appropriate, the plan shall be:
(1) submitted to the court for approval under section 260C.178, subdivision 7;
(2) ordered by the court, either as presented or modified after hearing, under section 260C.178, subdivision 7, or 260C.201, subdivision 6; and
(3) signed by the parent or parents or guardian of the child, the child's guardian ad litem, a representative of the child's tribe, the responsible social services agency, and, if possible, the child.
(c) The out-of-home placement plan shall be explained to all persons involved in its implementation, including the child who has signed the plan, and shall set forth:
(1) a description of the residential facility foster
care home or facility selected including how the out-of-home placement plan
is designed to achieve a safe placement for the child in the least restrictive,
most family-like, setting available which is in close proximity to the home of
the parent or parents or guardian of the child when the case plan goal is
reunification, and how the placement is consistent with the best interests and
special needs of the child according to the factors under subdivision 2,
paragraph (b);
(2) the specific reasons for the placement of the child in a
residential facility foster care, and when reunification is the
plan, a description of the problems or conditions in the home of the parent or
parents which necessitated removal of the child from home and the changes the
parent or parents must make in order for the child to safely return home;
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(3) a description of the services offered and provided to prevent removal of the child from the home and to reunify the family including:
(i) the specific actions to be taken by the parent or parents of the child to eliminate or correct the problems or conditions identified in clause (2), and the time period during which the actions are to be taken; and
(ii) the reasonable efforts, or in the case of an Indian child, active efforts to be made to achieve a safe and stable home for the child including social and other supportive services to be provided or offered to the parent or parents or guardian of the child, the child, and the residential facility during the period the child is in the residential facility;
(4) a description of any services or resources that were requested by the child or the child's parent, guardian, foster parent, or custodian since the date of the child's placement in the residential facility, and whether those services or resources were provided and if not, the basis for the denial of the services or resources;
(5) the visitation plan for the parent or parents or guardian, other relatives as defined in section 260C.007, subdivision 27, and siblings of the child if the siblings are not placed together in foster care, and whether visitation is consistent with the best interest of the child, during the period the child is in foster care;
(6) documentation of steps to finalize the adoption or legal guardianship of the child if the court has issued an order terminating the rights of both parents of the child or of the only known, living parent of the child. At a minimum, the documentation must include child-specific recruitment efforts such as relative search and the use of state, regional, and national adoption exchanges to facilitate orderly and timely placements in and outside of the state. A copy of this documentation shall be provided to the court in the review required under section 260C.317, subdivision 3, paragraph (b);
(7) efforts to ensure the child's educational stability while in foster care, including:
(i) efforts to ensure that the child in
placement remains in the same school in which the child was enrolled prior
to placement or upon the child's move from one placement to another,
including efforts to work with the local education authorities to ensure the
child's educational stability; or
(ii) if it is not in the child's best interest to remain in the same school that the child was enrolled in prior to placement or move from one placement to another, efforts to ensure immediate and appropriate enrollment for the child in a new school;
(8) the educational records of the child including the most recent information available regarding:
(i) the names and addresses of the child's educational providers;
(ii) the child's grade level performance;
(iii) the child's school record;
(iv) a statement about how the child's placement in foster care takes into account proximity to the school in which the child is enrolled at the time of placement; and
(v) any other relevant educational information;
(9) the efforts by the local agency to ensure the oversight and continuity of health care services for the foster child, including:
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(i) the plan to schedule the child's initial health screens;
(ii) how the child's known medical problems and identified needs from the screens, including any known communicable diseases, as defined in section 144.4172, subdivision 2, will be monitored and treated while the child is in foster care;
(iii) how the child's medical information will be updated and shared, including the child's immunizations;
(iv) who is responsible to coordinate and respond to the child's health care needs, including the role of the parent, the agency, and the foster parent;
(v) who is responsible for oversight of the child's prescription medications;
(vi) how physicians or other appropriate medical and nonmedical professionals will be consulted and involved in assessing the health and well-being of the child and determine the appropriate medical treatment for the child; and
(vii) the responsibility to ensure that the child has access to medical care through either medical insurance or medical assistance;
(10) the health records of the child including information available regarding:
(i) the names and addresses of the child's health care and dental care providers;
(ii) a record of the child's immunizations;
(iii) the child's known medical problems, including any known communicable diseases as defined in section 144.4172, subdivision 2;
(iv) the child's medications; and
(v) any other relevant health care information such as the child's eligibility for medical insurance or medical assistance;
(11) an independent living plan for a child age 16 or older
who is in placement as a result of a permanency disposition. The plan should include, but not be limited
to, the following objectives:
(i) educational, vocational, or employment planning;
(ii) health care planning and medical coverage;
(iii) transportation including, where appropriate, assisting the child in obtaining a driver's license;
(iv) money management, including the responsibility of the agency to ensure that the youth annually receives, at no cost to the youth, a consumer report as defined under section 13C.001 and assistance in interpreting and resolving any inaccuracies in the report;
(v) planning for housing;
(vi) social and recreational skills; and
(vii) establishing and maintaining connections with the child's family and community; and
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(12) for a child in voluntary foster care for treatment under chapter 260D, diagnostic and assessment information, specific services relating to meeting the mental health care needs of the child, and treatment outcomes.
(d) The parent or parents or guardian and the child each shall have the right to legal counsel in the preparation of the case plan and shall be informed of the right at the time of placement of the child. The child shall also have the right to a guardian ad litem. If unable to employ counsel from their own resources, the court shall appoint counsel upon the request of the parent or parents or the child or the child's legal guardian. The parent or parents may also receive assistance from any person or social services agency in preparation of the case plan.
After the plan has been agreed upon by the parties involved or approved or ordered by the court, the foster parents shall be fully informed of the provisions of the case plan and shall be provided a copy of the plan.
Upon discharge from foster care, the parent, adoptive parent, or permanent legal and physical custodian, as appropriate, and the child, if appropriate, must be provided with a current copy of the child's health and education record.
Sec. 17. Minnesota Statutes 2010, section 260C.212, subdivision 2, is amended to read:
Subd. 2. Placement decisions based on best interest of the child. (a) The policy of the state of Minnesota is to ensure that the child's best interests are met by requiring an individualized determination of the needs of the child and of how the selected placement will serve the needs of the child being placed. The authorized child-placing agency shall place a child, released by court order or by voluntary release by the parent or parents, in a family foster home selected by considering placement with relatives and important friends in the following order:
(1) with an individual who is related to the child by blood, marriage, or adoption; or
(2) with an individual who is an important friend with whom the child has resided or had significant contact.
(b) Among the factors the agency shall consider in determining the needs of the child are the following:
(1) the child's current functioning and behaviors;
(2) the medical, needs of the
child;
(3) the educational, and needs
of the child;
(4) the developmental needs of the child;
(3) (5) the child's history
and past experience;
(4) (6) the child's religious
and cultural needs;
(5) (7) the child's connection
with a community, school, and faith community;
(6) (8) the child's interests
and talents;
(7) (9) the child's
relationship to current caretakers, parents, siblings, and relatives; and
(8) (10) the reasonable
preference of the child, if the court, or the child-placing agency in the case
of a voluntary placement, deems the child to be of sufficient age to express
preferences.
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(c) Placement of a child cannot be delayed or denied based on race, color, or national origin of the foster parent or the child.
(d) Siblings should be placed together for foster care and adoption at the earliest possible time unless it is documented that a joint placement would be contrary to the safety or well-being of any of the siblings or unless it is not possible after reasonable efforts by the responsible social services agency. In cases where siblings cannot be placed together, the agency is required to provide frequent visitation or other ongoing interaction between siblings unless the agency documents that the interaction would be contrary to the safety or well-being of any of the siblings.
(e) Except for emergency placement as provided for in section 245A.035, a completed background study is required under section 245C.08 before the approval of a foster placement in a related or unrelated home.
Sec. 18. Minnesota Statutes 2010, section 260C.212, subdivision 5, is amended to read:
Subd. 5. Relative
search. (a) The responsible social
services agency shall exercise due diligence to identify and notify adult
relatives prior to placement or within 30 days after the child's removal from
the parent. The county agency shall
consider placement with a relative under subdivision 2 section
260C.221 without delay. The relative
search required by this section shall be reasonable and comprehensive in scope
and may last up to six months or until a fit and willing relative is
identified. The relative search required
by this section shall include both maternal relatives of the child and paternal
relatives of the child, if paternity is adjudicated. The relatives must be notified:
(1) of the need for a foster home for the child, the option to become a placement resource for the child, and the possibility of the need for a permanent placement for the child;
(2) of their responsibility to keep the responsible social services agency and the court informed of their current address in order to receive notice in the event that a permanent placement is sought for the child and to receive notice of the permanency progress review hearing under section 260C.204. A relative who fails to provide a current address to the responsible social services agency and the court forfeits the right to receive notice of the possibility of permanent placement and of the permanency progress review hearing under section 260C.204. A decision by a relative not to be a placement resource at the beginning of the case shall not affect whether the relative is considered for placement of the child with that relative later;
(3) that the relative may participate in the care and planning for the child, including that the opportunity for such participation may be lost by failing to respond to the notice sent under this subdivision; and
(4) of the family foster care licensing requirements, including how to complete an application and how to request a variance from licensing standards that do not present a safety or health risk to the child in the home under section 245A.04 and supports that are available for relatives and children who reside in a family foster home.
(b) A responsible social services agency
may disclose private or confidential data, as defined in section 13.02, to
relatives of the child for the purpose of locating a suitable placement. The agency shall disclose only data that is
necessary to facilitate possible placement with relatives. If the child's parent refuses to give the
responsible social services agency information sufficient to identify the
maternal and paternal relatives of the child, the agency shall ask the juvenile
court to order the parent to provide the necessary information. If a parent makes an explicit request that relatives
or a specific relative not be contacted or considered for placement due
to safety reasons including past family or domestic violence, the agency
shall bring the parent's request to the attention of the court to determine
whether the parent's request is consistent with the best interests of the child
and the agency shall not contact relatives or a the specific
relative unless authorized to do so by when the juvenile court finds
that contacting the specific relative would endanger the parent, guardian,
child, sibling, or any family member.
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(c) When the placing agency determines that a permanent
placement hearing is necessary because there is a likelihood that the child
will not return to a parent's care, the agency may send the notice provided in
paragraph (d), may ask the court to modify the requirements of the agency under
this paragraph, or may ask the court to completely relieve the agency of the requirements of this paragraph (d). The relative notification requirements of this paragraph do not apply
when the child is placed with an appropriate relative or a foster home
that has committed to being the permanent legal placement for the child and the
agency approves of that foster home for permanent placement of the child. The actions ordered by the court under this
section must be consistent with the best interests, safety, and welfare of the
child.
(d) Unless required under the Indian Child Welfare Act or relieved of this duty by the court under paragraph (c), when the agency determines that it is necessary to prepare for the permanent placement determination hearing, or in anticipation of filing a termination of parental rights petition, the agency shall send notice to the relatives, any adult with whom the child is currently residing, any adult with whom the child has resided for one year or longer in the past, and any adults who have maintained a relationship or exercised visitation with the child as identified in the agency case plan. The notice must state that a permanent home is sought for the child and that the individuals receiving the notice may indicate to the agency their interest in providing a permanent home. The notice must state that within 30 days of receipt of the notice an individual receiving the notice must indicate to the agency the individual's interest in providing a permanent home for the child or that the individual may lose the opportunity to be considered for a permanent placement.
(e) The Department of Human Services shall develop a best practices guide and specialized staff training to assist the responsible social services agency in performing and complying with the relative search requirements under this subdivision.
Sec. 19. Minnesota Statutes 2010, section 260C.212, subdivision 7, is amended to read:
Subd. 7. Administrative or court review of placements. (a) There shall be an administrative review of the out-of-home placement plan of each child placed in foster care no later than 180 days after the initial placement of the child in foster care and at least every six months thereafter if the child is not returned to the home of the parent or parents within that time. The out-of-home placement plan must be monitored and updated at each administrative review. The administrative review shall be conducted by the responsible social services agency using a panel of appropriate persons at least one of whom is not responsible for the case management of, or the delivery of services to, either the child or the parents who are the subject of the review. The administrative review shall be open to participation by the parent or guardian of the child and the child, as appropriate.
(b) As an alternative to the administrative review required in paragraph (a), the court may, as part of any hearing required under the Minnesota Rules of Juvenile Protection Procedure, conduct a hearing to monitor and update the out-of-home placement plan pursuant to the procedure and standard in section 260C.201, subdivision 6, paragraph (d). The party requesting review of the out-of-home placement plan shall give parties to the proceeding notice of the request to review and update the out-of-home placement plan. A court review conducted pursuant to section 260C.193; 260C.201, subdivision 1 or 11; 260C.141, subdivision 2; 260C.317; or 260D.06 shall satisfy the requirement for the review so long as the other requirements of this section are met.
(c) As appropriate to the stage of the proceedings and relevant court orders, the responsible social services agency or the court shall review:
(1) the safety, permanency needs, and well-being of the child;
(2) the continuing necessity for and appropriateness of the placement;
(3) the extent of compliance with the out-of-home placement plan;
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(4) the extent of progress which has been made toward alleviating or mitigating the causes necessitating placement in foster care;
(5) the projected date by which the child may be returned to and safely maintained in the home or placed permanently away from the care of the parent or parents or guardian; and
(6) the appropriateness of the services provided to the child.
(d) When a child is age 16 or older, in addition to any administrative review conducted by the agency, at the in-court review required under section 260C.201, subdivision 11, or 260C.317, subdivision 3, clause (3), the court shall review the independent living plan required under subdivision 1, paragraph (c), clause (11), and the provision of services to the child related to the well-being of the child as the child prepares to leave foster care. The review shall include the actual plans related to each item in the plan necessary to the child's future safety and well-being when the child is no longer in foster care.
(1) At the court review, the responsible social services agency shall establish that it has given the notice required under section 260C.456 or Minnesota Rules, part 9560.0660, regarding the right to continued access to services for certain children in foster care past age 18 and of the right to appeal a denial of social services under section 256.045. If the agency is unable to establish that the notice, including the right to appeal a denial of social services, has been given, the court shall require the agency to give it.
(2) Consistent with the requirements of the independent living plan, the court shall review progress toward or accomplishment of the following goals:
(i) the child has obtained a high school diploma or its equivalent;
(ii) the child has completed a driver's education course or has demonstrated the ability to use public transportation in the child's community;
(iii) the child is employed or enrolled in postsecondary education;
(iv) the child has applied for and obtained postsecondary education financial aid for which the child is eligible;
(v) the child has health care coverage and health care providers to meet the child's physical and mental health needs;
(vi) the child has applied for and obtained disability income assistance for which the child is eligible;
(vii) the child has obtained affordable housing with necessary supports, which does not include a homeless shelter;
(viii) the child has saved sufficient funds to pay for the first month's rent and a damage deposit;
(ix) the child has an alternative affordable housing plan, which does not include a homeless shelter, if the original housing plan is unworkable;
(x) the child, if male, has registered for the Selective Service; and
(xi) the child has a permanent connection to a caring adult.
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(3) The court shall ensure that the responsible agency in conjunction with the placement provider assists the child in obtaining the following documents prior to the child's leaving foster care: a Social Security card; the child's birth certificate; a state identification card or driver's license, green card, or school visa; the child's school, medical, and dental records; a contact list of the child's medical, dental, and mental health providers; and contact information for the child's siblings, if the siblings are in foster care.
(e) When a child is age 17 or older, during
the 90-day period immediately prior to the date the child is expected to be
discharged from foster care, the responsible social services agency is required
to provide the child with assistance and support in developing a transition
plan that is personalized at the direction of the child. The transition plan must be as detailed as
the child may elect and include specific options on housing, health insurance, education,
local opportunities for mentors and continuing support services, and work force
supports and employment services. The
agency shall ensure that the youth receives, at no cost to the youth, a copy of
the youth's consumer credit report as defined in section 13C.001 and assistance
in interpreting and resolving any inaccuracies in the report. The county agency shall also
provide the individual youth with appropriate contact information
if the individual youth needs more information or needs help
dealing with a crisis situation through age 21.
Sec. 20. Minnesota Statutes 2010, section 260C.317, subdivision 3, is amended to read:
Subd. 3. Order; retention of jurisdiction. (a) A certified copy of the findings and the order terminating parental rights, and a summary of the court's information concerning the child shall be furnished by the court to the commissioner or the agency to which guardianship is transferred.
(b) The orders shall be on a
document separate from the findings. The
court shall furnish the individual to whom guardianship is transferred guardian
a copy of the order terminating parental rights.
(b) (c) When the court orders
guardianship pursuant to this section, the court shall retain
jurisdiction in a case where adoption is the intended permanent placement
disposition until the child's adoption is finalized, the child is 18 years of
age, or, for children in foster care beyond age 18 pursuant to section
260C.451, until the individual becomes 21 years of age according to the
provisions set forth in sections 260C.193, subdivision 6, and 260C.451. The guardian ad litem and counsel for the
child shall continue on the case until an adoption decree is entered. An in-court appearance hearing must be held
every 90 days following termination of parental rights for the court to review
progress toward an adoptive placement and the specific recruitment efforts the
agency has taken to find an adoptive family or other placement living
arrangement for the child and to finalize the adoption or other permanency
plan. Review of the progress toward
adoption of a child under guardianship of the commissioner of human services
shall be conducted according to section 260C.607.
(c) The responsible social services
agency may make a determination of compelling reasons for a child to be in
long-term foster care when the agency has made exhaustive efforts to recruit,
identify, and place the child in an adoptive home, and the child continues in
foster care for at least 24 months after the court has issued the order
terminating parental rights. A child of
any age who is under the guardianship of the commissioner of the Department of
Human Services and is legally available for adoption may not refuse or waive the
commissioner's agent's exhaustive efforts to recruit, identify, and place the
child in an adoptive home required under paragraph (b) or sign a document
relieving county social services agencies of all recruitment efforts on the
child's behalf. Upon approving the
agency's determination of compelling reasons, the court may order the child
placed in long-term foster care. At
least every 12 months thereafter as long as the child continues in out-of-home
placement, the court shall conduct an in-court permanency review hearing to
determine the future status of the child using the review requirements of
section 260C.201, subdivision 11, paragraph (g).
(d) Upon terminating parental rights or
upon a parent's consent to adoption under section 260C.201, subdivision 11,
resulting in an order for guardianship to the commissioner of human services,
the court shall retain jurisdiction:
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(1) until the child is adopted;
(2) through the child's minority in
a case where long-term; or
(3) as long as the child continues in or
reenters foster care is the permanent disposition whether under
paragraph (c) or section 260C.201, subdivision 11, or, for children in foster care
age 18 or older under section 260C.451, until the individual becomes 21 years of age according to the
provisions in sections 260C.193,
subdivision 6, and 260C.451.
Sec. 21. Minnesota Statutes 2010, section 260C.317, subdivision 4, is amended to read:
Subd. 4. Rights of terminated parent. (a) Upon entry of an order terminating the parental rights of any person who is identified as a parent on the original birth record of the child as to whom the parental rights are terminated, the court shall cause written notice to be made to that person setting forth:
(1) the right of the person to file at any time with the state registrar of vital statistics a consent to disclosure, as defined in section 144.212, subdivision 11;
(2) the right of the person to file at any time with the state registrar of vital statistics an affidavit stating that the information on the original birth record shall not be disclosed as provided in section 144.2252; and
(3) the effect of a failure to file either a consent to disclosure, as defined in section 144.212, subdivision 11, or an affidavit stating that the information on the original birth record shall not be disclosed.
(b) A parent whose rights are terminated
under this section shall retain the ability to enter into a contact or
communication agreement under section 260C.619 if an agreement is determined by
the court to be in the best interests of the child. The agreement shall be filed with the court
at or prior to the time the child is adopted.
An order for termination of parental rights shall not be conditioned on
an agreement under section 260C.619.
Sec. 22. Minnesota Statutes 2010, section 260C.325, subdivision 1, is amended to read:
Subdivision 1. Transfer
of custody Guardianship. (a)
If When the court terminates parental rights of both parents or
of the only known living legal parent, the court shall order the
guardianship and the legal custody of the child transferred to:
(1) the commissioner of human services;
(2) a licensed child-placing agency; or
(3) an individual who is willing and capable of assuming the appropriate duties and responsibilities to the child.
(b) The court shall order transfer of
guardianship and legal custody of a child to the commissioner of human
services only when the responsible county social services agency had
legal responsibility for planning for the permanent placement of the child and
the child was in foster care under the legal responsibility of the responsible
county social services agency at the time the court orders guardianship and
legal custody transferred to the commissioner. The court shall not order guardianship to
the commissioner under any other circumstances, except as provided in
subdivision 3.
Sec. 23. Minnesota Statutes 2010, section 260C.325, subdivision 3, is amended to read:
Subd. 3.
Both parents deceased. (a) If upon petition to the juvenile
court for guardianship by a reputable person, including but not
limited to an the responsible social services agency as agent of the
commissioner of human services, and upon hearing in the manner provided in
section 260C.163, the court finds that both parents or the only known legal
parent are or is deceased and no appointment has been made or petition for
appointment filed pursuant to sections
524.5-201 to 524.5-317, the court shall order the guardianship and legal
custody of the child transferred to:
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(1) the commissioner of human services; or
(2) a licensed child-placing agency; or
(3) (2) an individual who is willing and capable of assuming the appropriate duties
and responsibilities to the child.
(b) The court shall order transfer of
guardianship and legal custody of a child to the commissioner of human
services only if there is no individual who is willing and capable of assuming
the appropriate duties and responsibilities to the child.
Sec. 24. Minnesota Statutes 2010, section 260C.325, subdivision 4, is amended to read:
Subd. 4. Guardian's
responsibilities. (a) A guardian
appointed under the provisions of this section has legal custody of a
ward unless the court which appoints the guardian gives legal custody to some
other person. If the court awards
custody to a person other than the guardian, the guardian nonetheless has the
right and responsibility of reasonable visitation, except as limited by court
order. the child and the right to
visit the child in foster care, the adoptive placement, or any other suitable
setting at any time prior to finalization of the adoption of the child. When the child is under the guardianship of
the commissioner, the responsible social services agency, as agent of the
commissioner, has the right to visit the child.
(b) When the guardian is a licensed
child-placing agency, the guardian may shall make all
major decisions affecting the person of the ward child, including,
but not limited to, giving consent, (when consent is
legally required), to the marriage, enlistment in the armed
forces, medical, surgical, or psychiatric treatment, or adoption of the ward
child. When, pursuant to this
section, the commissioner of human services is appointed guardian, the
commissioner may delegate to the responsible social services agency of the
county in which, after the appointment, the ward resides, the authority to act
for the commissioner in decisions affecting the person of the ward, including
but not limited to giving consent to the marriage, enlistment in the armed
forces, medical, surgical, or psychiatric treatment of the ward.
(c) When the commissioner is appointed
guardian, the duties of the commissioner of human services are established
under sections 260C.601 to 260C.635.
(c) (d) A guardianship created
under the provisions of this section shall not of itself include
the guardianship of the estate of the ward child.
(e) The commissioner of human services,
through the responsible social services agency, or a licensed child-placing
agency who is a guardian or who has authority and responsibility for planning
for the adoption of the child under section 259.25 or 259.47, has the duty to
make reasonable efforts to finalize the adoption of the child.
Sec. 25. Minnesota Statutes 2010, section 260C.328, is amended to read:
260C.328
CHANGE OF GUARDIAN; TERMINATION OF GUARDIANSHIP.
(a) Upon its own motion or upon
petition of an interested party, the juvenile court having jurisdiction of the
child may, after notice to the parties and a hearing, remove the guardian
appointed by the juvenile court and appoint a new guardian in accordance with the
provisions of section 260C.325, subdivision 1., clause (a), (b),
or (c). Upon a showing that the child is
emancipated, the court may discharge the guardianship. Any child 14 years of age or older who is not
adopted but who is placed in a satisfactory foster home, may, with the consent
of the foster parents, join with the guardian appointed by the juvenile court
in a petition to the court having jurisdiction of the child to discharge the
existing guardian and appoint the foster parents as guardians of the child.
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(b) The authority of a guardian
appointed by the juvenile court terminates when the individual under
guardianship is no longer a minor or when guardianship is otherwise
discharged. becomes age 18. However, an individual who has been under the
guardianship of the commissioner and who has not been adopted may continue in
foster care or reenter foster care pursuant to section 260C.451 and the
responsible social services agency has continuing legal responsibility for the
placement of the individual.
Sec. 26. [260C.601]
ADOPTION OF CHILDREN UNDER GUARDIANSHIP OF COMMISSIONER.
Subdivision 1. Review
and finalization requirements; adoption procedures. (a) Sections 260C.601 to 260C.635
establish:
(1) the requirements for court review
of children under the guardianship of the commissioner; and
(2) procedures for timely finalizing
adoptions in the best interests of children under the guardianship of the
commissioner.
(b) Adoption proceedings for children not under the
guardianship of the commissioner are
governed by chapter 259.
Subd. 2. Duty
of responsible agency. The
responsible social services agency has the duty to act as the commissioner's
agent in making reasonable efforts to finalize the adoption of all children
under the guardianship of the commissioner pursuant to section 260C.325. In implementing these duties, the agency
shall ensure that:
(1) the best interests of the child are
met in the planning and granting of adoptions;
(2) a child under the guardianship of
the commissioner is appropriately involved in planning for adoption;
(3) the diversity of Minnesota's
population and diverse needs including culture, religion, and language of
persons affected by adoption are recognized and respected; and
(4) the court has the timely
information it needs to make a decision that is in the best interests of the
child in reviewing the agency's planning for adoption and when ordering the
adoption of the child.
Subd. 3. Background
study. Consistent with
section 245C.33 and United States Code, title 42, section 671, a completed
background study is required before the adoptive placement of the child in a
related or an unrelated home.
Sec. 27. [260C.603]
DEFINITIONS.
Subdivision 1. Scope. For the purposes of sections 260C.601
to 260C.635, the terms defined in this section have the meanings given them.
Subd. 2. Adopting
parent. "Adopting
parent" means an adult who has signed an adoption placement agreement
regarding the child and has the same meaning as preadoptive parent under section
259A.01, subdivision 23.
Subd. 3. Adoption
placement agreement. "Adoption
placement agreement" means the written agreement between the responsible
social services agency, the commissioner, and the adopting parent which reflects
the intent of all the signatories to the agreement that the adopting parent
establish a parent and child relationship by adoption with the child who is
under the guardianship of the commissioner.
The adoptive placement agreement must be in the commissioner's
designated format.
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Subd. 4. Adoptive
parent. "Adoptive
parent" has the meaning given in section 259A.01, subdivision 3.
Subd. 5. Adoptive
placement. "Adoptive
placement" means a placement made by the responsible social services
agency upon a fully executed adoption placement agreement including the
signatures of the adopting parent, the responsible social services agency, and
the commissioner of human services according to section 260C.613, subdivision
1.
Subd. 6. Commissioner. "Commissioner" means the
commissioner of human services or any employee of the Department of Human
Services to whom the commissioner has delegated authority regarding children
under the commissioner's guardianship.
Subd. 7. Guardianship. "Guardianship" has the
meaning given in section 259A.01, subdivision 17; 260C.325; or 260C.515,
subdivision 3.
Subd. 8. Prospective
adoptive parent. "Prospective
adoptive parent" means an individual who may become an adopting parent
regardless of whether the individual has an adoption study approving the
individual for adoption, but who has not signed an adoption placement
agreement.
Sec. 28. [260C.605]
REASONABLE EFFORTS TO FINALIZE AN ADOPTION.
Subdivision 1. Requirements. (a) Reasonable efforts to finalize the
adoption of a child under the guardianship of the commissioner shall be made by
the responsible social services agency responsible for permanency planning for
the child.
(b) Reasonable efforts to make a
placement in a home according to the placement considerations under section
260C.212, subdivision 2, with a relative or foster parent who will commit to
being the permanent resource for the child in the event the child cannot be
reunified with a parent are required under section 260.012 and may be made
concurrently with reasonable, or if the child is an Indian child, active
efforts to reunify the child with the parent.
(c) Reasonable efforts under paragraph
(b) must begin as soon as possible when the child is in foster care under this
chapter, but not later than the hearing required under section 260C.204.
(d) Reasonable efforts to finalize the
adoption of the child include:
(1) using age-appropriate engagement
strategies to plan for adoption with the child;
(2) identifying an appropriate
prospective adoptive parent for the child by updating the child's identified
needs using the factors in section 260C.212, subdivision 2;
(3) making an adoptive placement that
meets the child's needs by:
(i) completing or updating the relative
search required under section 260C.221 and giving notice of the need for an
adoptive home for the child to:
(A) relatives who have kept the agency
or the court apprised of their whereabouts and who have indicated an interest
in adopting the child; or
(B) relatives of the child who are
located in an updated search;
(ii) an updated search is required
whenever:
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(A) there is no identified prospective adoptive
placement for the child notwithstanding a finding by the court that the agency
made diligent efforts under section 260C.221, in a hearing required under
section 260C.202;
(B) the child is removed from the home of an adopting
parent; or
(C) the court determines a relative search by the agency
is in the best interests of the child;
(iii) engaging child's foster parent and the child's
relatives identified as an adoptive resource during the search conducted under
section 260C.221, to commit to being the prospective adoptive parent of the
child; or
(iv) when there is no identified prospective adoptive
parent:
(A) registering the child on the state adoption exchange
as required in section 259.75 unless the agency documents to the court an
exception to placing the child on the state adoption exchange reported to the commissioner;
(B) reviewing all families with approved adoption home
studies associated with the responsible social services agency;
(C) presenting the child to adoption agencies and
adoption personnel who may assist with finding an adoptive home for the child;
(D) using newspapers and other media to promote the
particular child;
(E) using a private agency under grant contract with the
commissioner to provide adoption services for intensive child-specific
recruitment efforts; and
(F) making any other efforts or using any other
resources reasonably calculated to identify a prospective adoption parent for
the child;
(4) updating and completing the social and medical
history required under sections 259.43 and 260C.609;
(5) making, and keeping updated, appropriate referrals
required by section 260.851, the Interstate Compact on the Placement of
Children;
(6) giving notice regarding the responsibilities of an
adoptive parent to any prospective adoptive parent as required under section
259.35;
(7) offering the adopting parent the opportunity to
apply for or decline adoption assistance under chapter 259A;
(8) certifying the child for adoption assistance,
assessing the amount of adoption assistance, and ascertaining the status of the
commissioner's decision on the level of payment if the adopting parent has
applied for adoption assistance;
(9) placing the child with siblings. If the child is not placed with siblings, the
agency must document reasonable efforts to place the siblings together, as well
as the reason for separation. The agency
may not cease reasonable efforts to place siblings together for final adoption
until the court finds further reasonable efforts would be futile or that
placement together for purposes of adoption is not in the best interests of one
of the siblings; and
(10) working with the adopting parent to file a petition
to adopt the child and with the court administrator to obtain a timely hearing
to finalize the adoption.
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Subd. 2.
No waiver. (a) The responsible social services
agency shall make reasonable efforts to recruit, assess, and match an adoptive
home for any child under the guardianship of the commissioner and reasonable
efforts shall continue until an adoptive placement is made and adoption
finalized or until the child is no longer under the guardianship of the
commissioner.
(b) A child of any age who is under the guardianship of
the commissioner and is legally available for adoption may not refuse or waive
the responsible social services agency's reasonable efforts to recruit,
identify, and place the child in an adoptive home required under this
section. The agency has an ongoing
responsibility to work with the child to explore the child's opportunities for
adoption, and what adoption means for the child, and may not accept a child's
refusal to consider adoption as an option.
(c) The court may not relieve or otherwise order the
responsible social services agency to cease fulfilling the responsible social
services agency's duty regarding reasonable efforts to recruit, identify, and
place the child in an adoptive home.
Sec. 29. [260C.607] REVIEW OF PROGRESS TOWARD
ADOPTION.
Subdivision 1.
Review hearings. (a) The court shall conduct a review
of the responsible social services agency's reasonable efforts to finalize
adoption for any child under the guardianship of the commissioner and of the
progress of the case toward adoption at least every 90 days after the court
issues an order that the commissioner is the guardian of the child.
(b) The review of progress toward adoption shall
continue notwithstanding that an appeal is made of the order for guardianship.
(c) The agency's reasonable efforts to finalize the
adoption must continue during the pendency of the appeal and all progress
toward adoption shall continue except that the court may not finalize an
adoption while the appeal is pending.
Subd. 2.
Notice. Notice of review hearings shall be
given by the court to:
(1) the responsible social services agency;
(2) the child, if the child is age ten and older;
(3) the child's guardian ad litem;
(4) relatives of the child who have kept the court
informed of their whereabouts as required in section 260C.221 and who have
responded to the agency's notice under section 260C.221, indicating a
willingness to provide an adoptive home for the child unless the relative has
been previously ruled out by the court as a suitable foster parent or
permanency resource for the child;
(5) the current foster or adopting parent of the child;
(6) any foster or adopting parents of siblings of the
child; and
(7) the Indian child's tribe.
Subd. 3.
Right to participate. Any individual or entity listed in
subdivision 2 may participate in the continuing reviews conducted under this
section. No other individual or entity
is required to be given notice or to participate in the reviews unless the
court specifically orders that notice be given or participation in the reviews
be required.
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Subd. 4. Content
of review. (a) The court
shall review:
(1) the agency's reasonable efforts
under section 260C.605 to finalize an adoption for the child as appropriate to
the stage of the case; and
(2) the child's current out-of-home
placement plan required under section 260C.212, subdivision 1, to ensure the
child is receiving all services and supports required to meet the child's needs
as they relate to the child's:
(i) placement;
(ii) visitation and contact with
siblings;
(iii) visitation and contact with
relatives;
(iv) medical, mental, and dental
health; and
(v) education.
(b) When the child is age 16 and older,
and as long as the child continues in foster care, the court shall also review the
agency's planning for the child's independent living after leaving foster care
including how the agency is meeting the requirements of section 260C.212,
subdivision 1, paragraph (c), clause (11).
The court shall use the review requirements of section 260C.203, in any
review conducted under this paragraph.
Subd. 5. Required
placement by responsible social services agency. (a) No petition for adoption shall be
filed for a child under the guardianship of the commissioner unless the child
sought to be adopted has been placed for adoption with the adopting parent by
the responsible social services agency.
The court may order the agency to make an adoptive placement using
standards and procedures under subdivision 6.
(b) Any relative or the child's foster
parent who believes the responsible agency has not reasonably considered their
request to be considered for adoptive placement as required under section
260C.212, subdivision 2, and who wants to be considered for adoptive placement
of the child shall bring their request for consideration to the attention of
the court during a review required under this section. The child's guardian ad litem and the child
may also bring a request for a relative or the child's foster parent to be
considered for adoptive placement. After
hearing from the agency, the court may order the agency to take appropriate
action regarding the relative's or foster parent's request for consideration
under section 260C.212, subdivision 2, paragraph (b).
Subd. 6. Motion
and hearing to order adoptive placement.
(a) At any time after the district court orders the child under
the guardianship of the commissioner of human services, but not later than 30
days after receiving notice required under section 260C.613, subdivision 1,
paragraph (c), that the agency has made an adoptive placement, a relative or
the child's foster parent may file a motion for an order for adoptive placement
of a child who is under the guardianship of the commissioner if the relative or
the child's foster parent:
(1) has an adoption home study under
section 259.41 approving the relative or foster parent for adoption and has
been a resident of Minnesota for at least six months before filing the motion;
the court may waive the residency requirement for the moving party if there is
a reasonable basis to do so; or
(2) is not a resident of Minnesota, but
has an approved adoption home study by an agency licensed or approved to
complete an adoption home study in the state of the individual's residence and
the study is filed with the motion for adoptive placement.
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(b) The motion shall be filed with the
court conducting reviews of the child's progress toward adoption under this
section. The motion and supporting
documents must make a prima facie showing that the agency has been unreasonable
in failing to make the requested adoptive placement. The motion must be served according to the
requirements for motions under the Minnesota Rules of Juvenile Protection
Procedure and shall be made on all individuals and entities listed in subdivision
2.
(c) If the motion and supporting
documents do not make a prima facie showing for the court to determine whether
the agency has been unreasonable in failing to make the requested adoptive
placement, the court shall dismiss the motion.
If the court determines a prima facie basis is made, the court shall set
the matter for evidentiary hearing.
(d) At the evidentiary hearing the
responsible social services agency shall proceed first with evidence about the
reason for not making the adoptive placement proposed by the moving party. The moving party then has the burden of
proving by a preponderance of the evidence that the agency has been
unreasonable in failing to make the adoptive placement.
(e) At the conclusion of the
evidentiary hearing, if the court finds that the agency has been unreasonable
in failing to make the adoptive placement and that the relative or the child's
foster parent is the most suitable adoptive home to meet the child's needs
using the factors in section 260C.212, subdivision 2, paragraph (b), the court
may order the responsible social services agency to make an adoptive placement
in the home of the relative or the child's foster parent.
(f) If, in order to ensure that a timely
adoption may occur, the court orders the responsible social services agency to
make an adoptive placement under this subdivision, the agency shall:
(1) make reasonable efforts to obtain a
fully executed adoption placement agreement;
(2) work with the moving party regarding
eligibility for adoption assistance as required under chapter 259A; and
(3) if the moving party is not a resident
of Minnesota, timely refer the matter for approval of the adoptive placement
through the Interstate Compact on the Placement of Children.
(g) Denial or granting of a motion for
an order for adoptive placement after an evidentiary hearing is an order which
may be appealed by the responsible social services agency, the moving party,
the child, when age ten or over, the child's guardian ad litem, and any
individual who had a fully executed adoption placement agreement regarding the
child at the time the motion was filed if the court's order has the effect of
terminating the adoption placement agreement.
An appeal shall be conducted according to the requirements of the Rules
of Juvenile Protection Procedure.
Subd. 7. Changing
adoptive plan when parent has consented to adoption. When the child's parent has consented
to adoption under section 260C.515, subdivision 3, only the person identified
by the parent and agreed to by the agency as the prospective adoptive parent
qualifies for adoptive placement of the child until the responsible social
services agency has reported to the court and the court has found in a hearing
under this section that it is not possible to finalize an adoption by the
identified prospective adoptive parent within 12 months of the execution of the
consent to adopt under section 260C.515, subdivision 3, unless the responsible
social services agency certifies that the failure to finalize is not due to either
an action or a failure to act by the prospective adoptive parent.
Subd. 8. Timing
modified. (a) The court may
review the responsible social services agency's reasonable efforts to finalize
an adoption more frequently than every 90 days whenever a more frequent review
would assist in finalizing the adoption.
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(b) In appropriate cases, the court may
review the responsible social services agency's reasonable efforts to finalize
an adoption less frequently than every 90 days.
The court shall not find it appropriate to review progress toward
adoption less frequently than every 90 days except when:
(1) the court has approved the agency's
reasonable efforts to recruit, identify, and place the child in an adoptive
home on a continuing basis for at least 24 months after the court has issued
the order for guardianship;
(2) the child is at least 16 years old;
and
(3) the child's guardian ad litem
agrees that review less frequently than every 90 days is in the child's best
interests.
(c) In no event shall the court's
review be less frequent than every six months.
Sec. 30. [260C.609]
SOCIAL AND MEDICAL HISTORY.
(a) The responsible social services
agency shall work with the birth family of the child, foster family, medical
and treatment providers, and the child's school to ensure there is a detailed,
thorough, and currently up-to-date social and medical history of the child as
required under section 259.43 on the forms required by the commissioner.
(b) When the child continues in foster
care, the agency's reasonable efforts to complete the history shall begin no
later than the permanency progress review hearing required under section
260C.204 or six months after the child's placement in foster care.
(c) The agency shall thoroughly discuss
the child's history with the adopting parent of the child and shall give a copy
of the report of the child's social and medical history to the adopting
parent. A copy of the child's social and
medical history may also be given to the child as appropriate.
(d) The report shall not include
information that identifies birth relatives.
Redacted copies of all the child's relevant evaluations, assessments,
and records must be attached to the social and medical history.
Sec. 31. [260C.611]
ADOPTION STUDY REQUIRED.
An adoption study under section 259.41
approving placement of the child in the home of the prospective adoptive parent
shall be completed before placing any child under the guardianship of the
commissioner in a home for adoption. If
a prospective adoptive parent has previously held a foster care license or
adoptive home study, any update necessary to the foster care license, or
updated or new adoptive home study, if not completed by the licensing authority
responsible for the previous license or home study, shall include collateral
information from the previous licensing or approving agency, if available.
Sec. 32. [260C.613]
SOCIAL SERVICES AGENCY AS COMMISSIONER'S AGENT.
Subdivision 1. Adoptive
placement decisions. (a) The responsible
social services agency has exclusive authority to make an adoptive placement of
a child under the guardianship of the commissioner. The child shall be considered placed for
adoption when the adopting parent, the agency, and the commissioner have fully
executed an adoption placement agreement on the form prescribed by the
commissioner.
(b) The responsible social services
agency shall use an individualized determination of the child's current needs
pursuant to section 260C.212, subdivision 2, paragraph (b), to determine the
most suitable adopting parent for the child in the child's best interests.
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(c) The responsible social services agency shall notify
the court and parties entitled to notice under section 260C.607, subdivision 2,
when there is a fully executed adoption placement agreement for the child.
(d) In the event an adoption placement agreement
terminates, the responsible social services agency shall notify the court, the
parties entitled to notice under section 260C.607, subdivision 2, and the
commissioner that the agreement and the adoptive placement have terminated.
Subd. 2.
Disclosure of data permitted
to identify adoptive parent. The
responsible social services agency may disclose private data, as defined in
section 13.02, to prospective adoptive parents for the purpose of identifying
an adoptive parent willing and able to meet the child's needs as outlined in
section 260C.212, subdivision 2, paragraph (b).
Subd. 3.
Siblings placed together. The responsible social services agency
shall place siblings together for adoption according to section 260.012,
paragraph (e), clause (4), unless:
(1) the court makes findings required under section
260C.617; and
(2) the court orders that the adoption or progress
toward adoption of the child under the court's jurisdiction may proceed
notwithstanding that the adoption will result in siblings being separated.
Subd. 4.
Other considerations. Placement of a child cannot be delayed
or denied based on the race, color, or national origin of the prospective
parent or the child.
Subd. 5.
Required record keeping. The responsible social services agency
shall document, in the records required to be kept under section 259.79, the
reasons for the adoptive placement decision regarding the child, including the
individualized determination of the child's needs based on the factors in
section 260C.212, subdivision 2, paragraph (b), and the assessment of how the
selected adoptive placement meets the identified needs of the child. The responsible social services agency shall
retain in the records required to be kept under section 259.79, copies of all
out-of-home placement plans made since the child was ordered under guardianship
of the commissioner and all court orders from reviews conducted pursuant to
section 260C.607.
Subd. 6.
Death notification. (a) The agency shall inform the
adoptive parents that the adoptive parents of an adopted child under age 19 or
an adopted person age 19 or older may maintain a current address on file with
the agency and indicate a desire to be notified if the agency receives
information of the death of a birth parent.
The agency shall notify birth parents of the child's death and the cause
of death, if known, provided that the birth parents desire notice and maintain
current addresses on file with the agency.
The agency shall inform birth parents entitled to notice under section 259.27,
that they may designate individuals to notify the agency if a birth parent dies
and that the agency receiving information of the birth parent's death will
share the information with adoptive parents, if the adopted person is under age
19, or an adopted person age 19 or older who has indicated a desire to be
notified of the death of a birth parent and who maintains a current address on
file with the agency.
(b) Notice to a birth parent that a child has died or to
the adoptive parents or an adopted person age 19 or older that a birth parent
has died shall be provided by an employee of the agency through personal and
confidential contact, but not by mail.
Subd. 7.
Terminal illness notification. If a birth parent or the child is
terminally ill, the responsible social services agency shall inform the
adoptive parents and birth parents of a child who is adopted that the birth
parents, the adoptive parents of an adopted person under age 19, or an adopted
person age 19 or older may request to be notified of the terminal illness. The agency shall notify the other parties if
a request is received under this subdivision and upon a party's request the
agency shall share information regarding a terminal illness with the adoptive
or birth parents or an adopted person age 19 or older.
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Subd. 8. Postadoption
search services. The
responsible social services agency shall respond to requests from adopted
persons age 19 years and over, adoptive parents of a minor child, and birth
parents for social and medical history and genetic health conditions of the
adopted person's birth family and genetic sibling information according to
section 259.83.
Sec. 33. [260C.615]
DUTIES OF COMMISSIONER.
Subdivision 1. Duties. (a) For any child who is under the guardianship
of the commissioner, the commissioner has the exclusive rights to consent to:
(1) the medical care plan for the
treatment of a child who is at imminent risk of death or who has a chronic
disease that, in a physician's judgment, will result in the child's death in
the near future including a physician's order not to resuscitate or intubate
the child; and
(2) the child donating a part of the
child's body to another person while the child is living; the decision to
donate a body part under this clause shall take into consideration the child's
wishes and the child's culture.
(b) In addition to the exclusive rights
under paragraph (a), the commissioner has a duty to:
(1) process any complete and accurate
request for home study and placement through the Interstate Compact on the
Placement of Children under section 260.851;
(2) process any complete and accurate
application for adoption assistance forwarded by the responsible social
services agency according to chapter 259A;
(3) complete the execution of an
adoption placement agreement forwarded to the commissioner by the responsible
social services agency and return it to the agency in a timely fashion; and
(4) maintain records as required in
chapter 259.
Subd. 2. Duties
not reserved. All duties,
obligations, and consents not specifically reserved to the commissioner in this
section are delegated to the responsible social services agency.
Sec. 34. [260C.617]
SIBLING PLACEMENT.
(a) The responsible social services
agency shall make every effort to place siblings together for adoption.
(b) The court shall review any proposal
by the responsible social services agency to separate siblings for purposes of
adoption.
(c) If there is venue in more than one
county for matters regarding siblings who are under the guardianship of the
commissioner, the judges conducting reviews regarding the siblings shall
communicate with each other about the siblings' needs and, where appropriate,
shall conduct review hearings in a manner that ensures coordinated planning by
agencies involved in decision making for the siblings.
(d) After notice to the individuals and
entities listed in section 260C.627, the foster or prospective adoptive parent
of the child, and any foster, adopting, or adoptive parents of the child's
siblings, or relatives with permanent legal and physical custody of the child's
sibling, and upon hearing, the court may determine that a child under the
court's jurisdiction may be separated from the child's sibling for adoption
when:
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(1) the responsible social services
agency has made reasonable efforts to place the siblings together, and after
finding reasonable efforts have been made, the court finds further efforts
would significantly delay the adoption of one or more of the siblings and are
therefore not in the best interests of one or more of the siblings; or
(2) the court determines it is not in
the best interests of one or more of the siblings to be placed together after
reasonable efforts by the responsible social services agency to place the
siblings together.
Sec. 35. [260C.619]
COMMUNICATION AND CONTACT AGREEMENTS.
(a) An adopting parent and a relative or
foster parent of the child may enter into an agreement regarding communication
with or contact between the adopted child, adopting parent, and the relative or
foster parent. An agreement may be entered
between:
(1) an adopting parent and a birth
parent;
(2) an adopting parent and any relative
or foster parent with whom the child resided before being adopted; and
(3) an adopting parent and the parent or
legal custodian of a sibling of the child, if the sibling is a minor, or any
adult sibling of the child.
(b) An agreement regarding communication
with or contact between the child, adoptive parents, and a relative or foster
parent, is enforceable when the terms of the agreement are contained in a
written court order. The order must be
issued before or at the time of the granting of the decree of adoption. The order granting the communication,
contact, or visitation shall be filed in the adoption file.
(c) The court shall mail a certified
copy of the order to the parties to the agreement or their representatives at
the addresses provided by the parties to the agreement. Service shall be completed in a manner that
maintains the confidentiality of confidential information.
(d) The court shall not enter a proposed
order unless the terms of the order have been approved in writing by the
prospective adoptive parents, the birth relative, the foster parent, or the
birth parent or legal custodian of the child's sibling who desires to be a
party to the agreement, and the responsible social services agency.
(e) An agreement under this section need
not disclose the identity of the parties to be legally enforceable and when the
identity of the parties to the agreement is not disclosed, data about the
identities in the adoption file shall remain confidential.
(f) The court shall not enter a proposed
order unless the court finds that the communication or contact between the
minor adoptee, the adoptive parents, and the relative, foster parents, or
siblings as agreed upon and contained in the proposed order, would be in the
child's best interests.
(g) Failure to comply with the terms of
an order regarding communication or contact that has been entered by the court
under this section is not grounds for:
(1) setting aside an adoption decree; or
(2) revocation of a written consent to
an adoption after that consent has become irrevocable.
(h) An order regarding communication or
contact entered under this section may be enforced by filing a motion in the
existing adoption file with the court that entered the contact agreement. Any party to the communication or contact
order or the child who is the subject of the order has standing to file the
motion to enforce the order. The
prevailing party may be awarded reasonable attorney fees and costs.
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(i) The court shall not modify an order
under this section unless it finds that the modification is necessary to serve
the best interests of the child, and:
(1) the modification is agreed to by
the parties to the agreement; or
(2) exceptional circumstances have
arisen since the order was entered that justified modification of the order.
Sec. 36. [260C.621]
JURISDICTION AND VENUE.
Subdivision 1. Jurisdiction. (a) The juvenile court has original
jurisdiction for all adoption proceedings involving the adoption of a child
under the guardianship of the commissioner, including when the commissioner
approves the placement of the child through the Interstate Compact on the
Placement of Children under section 260.851 for adoption outside the state of
Minnesota and an adoption petition is filed in Minnesota.
(b) The receiving state also has
jurisdiction to conduct an adoption proceeding for a child under the
guardianship of the commissioner when the adopting home was approved by the
receiving state through the interstate compact.
Subd. 2. Venue. (a) Venue for the adoption of a child
committed to the guardianship of the commissioner of human services shall be
the court conducting reviews in the matter according to section 260C.607.
(b) Upon request of the responsible
social services agency, the court conducting reviews under section 260C.607 may
order that filing an adoption petition involving a child under the guardianship
of the commissioner be permitted in the county where the adopting parent
resides upon determining that:
(1) there is no motion for an order for
adoptive placement of the child that has been filed or is reasonably
anticipated by the responsible social services agency to be filed; and
(2) filing the petition in the adopting
parent's county of residence will expedite the proceedings and serve the best
interests of the child.
(c) When the court issues an order
under paragraph (b), a copy of the court order shall be filed together with the
adoption petition in the court of the adopting parent's county of residence.
(d) The court shall notify the court
conducting reviews under section 260C.607 when the adoption is finalized so
that the court conducting reviews under section 260C.607 may close its
jurisdiction and the court record, including the court's electronic case
record, in the county conducting the reviews, shall reflect that adoption of
the child was finalized.
Sec. 37. [260C.623]
ADOPTION PETITION.
Subdivision 1. Who
may petition. (a) The
responsible social services agency may petition for the adopting parent to adopt
a child who is under the guardianship of the commissioner. The petition shall contain or have attached a
statement certified by the adopting parent that the adopting parent desires
that the relationship of parent and child be established between the adopting
parent and the child and that adoption is in the best interests of the child.
(b) The adopting parent may petition
the court for adoption of the child.
(c) An adopting parent must be at least
21 years of age at the time the adoption petition is filed unless the adopting
parent is an individual related to the child, as defined by section 245A.02,
subdivision 13.
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(d) The petition may be filed in
Minnesota by an adopting parent who resides within or outside the state.
Subd. 2. Time
for filing petition. (a) An
adoption petition shall be filed not later than nine months after the date of the
fully executed adoption placement agreement unless the court finds that:
(1) the time for filing a petition be
extended because of the child's special needs as defined under title IV-E of
the federal Social Security Act, United States Code, title 42, section 672; or
(2) based on a written plan for
completing filing of the petition, including a specific timeline, to which the
adopting parent has agreed, the time for filing a petition be extended long
enough to complete the plan because an extension is in the best interests of
the child and additional time is needed for the child to adjust to the adoptive
home.
(b) If an adoption petition is not
filed within nine months of the execution of the adoption placement agreement
as required under section 260C.613, subdivision 1, and after giving the
adopting parent written notice of its request together with the date and time
of the hearing set to consider its report, the responsible social services
agency shall file a report requesting an order for one of the following:
(1) that the time for filing a petition
be extended because of the child's special needs as defined under title IV-E of
the federal Social Security Act, United States Code, title 42, section 673;
(2) that, based on a written plan for
completing filing of the petition, including a specific timeline, to which the
adopting parent has agreed, the time for filing a petition can be extended long
enough to complete the plan because an extension is in the best interests of
the child and additional time is needed for the child to adjust to the adoptive
home; or
(3) that the child can be removed from
the adopting home.
(c) At the conclusion of the review,
the court shall issue findings, appropriate orders for the parties to take
action or steps required to advance the case toward a finalized adoption, and
set the date and time for the next review hearing.
Subd. 3. Requirements
of petition. (a) The petition
shall be captioned in the legal name of the child as that name is reflected on
the child's birth record prior to adoption and shall be entitled "Petition
to Adopt Child under the Guardianship of the Commissioner of Human
Services." The actual name of the child shall be supplied to the court by
the responsible social services agency if unknown to the individual with whom
the agency has made the adoptive placement.
(b) The adoption petition shall be
verified as required in section 260C.141, subdivision 4, and, if filed by the
responsible social services agency, signed and approved by the county attorney.
(c) The petition shall state:
(1) the full name, age, and place of
residence of the adopting parent;
(2) if the adopting parents are
married, the date and place of marriage;
(3) the date the adopting parent
acquired physical custody of the child;
(4) the date of the adoptive placement
by the responsible social services agency;
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(5) the date of the birth of the child,
if known, and the county, state, and country where born;
(6) the name to be given the child, if
a change of name is desired;
(7) the description and value of any
real or personal property owned by the child;
(8) the relationship of the adopting
parent to the child prior to adoptive placement, if any;
(9) whether the Indian Child Welfare
Act does or does not apply; and
(10) the name and address of:
(i) the child's guardian ad litem;
(ii) the adoptee, if age ten or older;
(iii) the child's Indian tribe, if the
child is an Indian child; and
(iv) the responsible social services
agency.
(d) A petition may ask for the adoption
of two or more children.
(e) If a petition is for adoption by a
married person, both spouses must sign the petition indicating willingness to
adopt the child and the petition must ask for adoption by both spouses unless
the court approves adoption by only one spouse when spouses do not reside
together or for other good cause shown.
(f) If the petition is for adoption by
a person residing outside the state, the adoptive placement must have been
approved by the state where the person is a resident through the Interstate
Compact on the Placement of Children, sections 260.851 to 260.92.
Subd. 4. Attachments
to the petition. The
following must be filed with the petition:
(1) the adoption study report required
under section 259.41;
(2) the social and medical history
required under sections 259.43 and 260C.609; and
(3) a document prepared by the
petitioner that establishes who must be given notice under section 260C.627,
subdivision 1, that includes the names and mailing addresses of those to be
served by the court administrator.
Sec. 38. [260C.625]
DOCUMENTS FILED BY SOCIAL SERVICES AGENCY.
(a) The following shall be filed by the
responsible social services agency prior to finalization of the adoption:
(1) a certified copy of the child's
birth record;
(2) a certified copy of the findings
and order terminating parental rights or order accepting the parent's consent
to adoption under section 260C.515, subdivision 3, and for guardianship to the
commissioner;
(3) a copy of any communication or
contact agreement under section 260C.619;
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(4) certification that the Minnesota Fathers' Adoption
Registry has been searched which requirement may be met according to the
requirements of the Minnesota Rules of Adoption Procedure, Rule 32.01,
subdivision 2;
(5) the original of each consent to adoption required,
if any, unless the original was filed in the permanency proceeding conducted
under section 260C.515, subdivision 3, and the order filed under clause (2) has
a copy of the consent attached; and
(6) the postplacement assessment report required under
section 259.53, subdivision 2.
(b) The responsible social services agency shall provide
any known aliases of the child to the court.
Sec. 39. [260C.627] NOTICE OF ADOPTION
PROCEEDINGS.
Subdivision 1.
To whom given. (a) Notice of the adoption proceedings
shall not be given to any parent whose rights have been terminated or who has
consented to the adoption of the child under this chapter.
(b) Notice of the adoption proceedings shall be given to
the following:
(1) the child's tribe if the child is an Indian child;
(2) the responsible social services agency;
(3) the child's guardian ad litem;
(4) the child, if the child is age ten or over;
(5) the child's attorney; and
(6) the adopting parent.
(c) Notice of a hearing regarding the adoption petition
shall have a copy of the petition attached unless service of the petition has
already been accomplished.
Subd. 2.
Method of service. Notice of adoption proceedings for a
child under the guardianship of the commissioner may be served by United States
mail or any other method approved by the Minnesota Rules of Adoption Procedure.
Sec. 40. [260C.629] FINALIZATION HEARING.
Subdivision 1.
Consent. (a) A parent whose rights to the child
have not been terminated must consent to the adoption of the child. A parent may consent to the adoption of the
child under section 260C.515, subdivision 3, and that consent shall be
irrevocable upon acceptance by the court except as otherwise provided in
section 260C.515, subdivision 3, clause (2)(i).
A parent of an Indian child may consent to the adoption of the child
according to United States Code, title 25, section 1913, and that consent may
be withdrawn for any reason at any time before the entry of a final decree of
adoption.
(b) When the child to be adopted is age 14 years or
older, the child's written consent to adoption by the adopting parent is
required.
(c) Consent by the responsible social services agency or
the commissioner is not required because the adoptive placement has been made
by the responsible social services agency.
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Subd. 2. Required
documents. In order to issue
a decree for adoption and enter judgment accordingly, the court must have the
following documents in the record:
(1) original birth record of the child;
(2) adoption study report including a
background study required under section 259.41;
(3) a certified copy of the findings
and order terminating parental rights or order accepting the parent's consent
to adoption under section 260C.515, subdivision 3, and for guardianship to the
commissioner;
(4) any consents required under
subdivision 1;
(5) child's social and medical history
under section 260C.609;
(6) postplacement assessment report
required under section 259.53, subdivision 2, unless waived by the court on the
record at a hearing under section 260C.607; and
(7) report from the child's guardian ad
litem.
Sec. 41. [260C.631]
JUDGMENT AND DECREE.
(a) After taking testimony from the
responsible social services agency, which may be by telephone or affidavit if
the court has transferred venue of the matter to a county not conducting the
posttermination of parental rights reviews under section 260C.607, and the
adopting parent, if the court finds that it is in the best interests of the
child that the petition be granted, a decree of adoption shall be issued
ordering that the child to be adopted shall be the child of the adopting
parent. In the decree, the court may
change the name of the adopted child, if a name change is requested.
(b) After the decree is granted, the
court administrator shall mail a copy of the decree to the commissioner of
human services.
Sec. 42. [260C.633]
ADOPTION DENIED.
(a) If the court is not satisfied that
the proposed adoption is in the best interests of the child to be adopted, the
court shall deny the petition, and order the responsible social services agency
to take appropriate action for the protection and safety of the child. If venue has been transferred under section
260C.621, subdivision 2, the court denying the petition shall notify the court
originally conducting the guardianship reviews under section 260C.607.
(b) The court responsible for conducting
reviews under section 260C.607 shall set a hearing within 30 days of receiving
notice of denial of the petition.
(c) Any appeal of the denial of an
adoption petition under this section shall be made according to the
requirements of the Minnesota Rules of Adoption Procedure.
Sec. 43. [260C.635]
EFFECT OF ADOPTION.
Subdivision 1. Legal
effect. (a) Upon adoption, the
adopted child becomes the legal child of the adopting parent and the adopting
parent becomes the legal parent of the child with all the rights and duties
between them of a birth parent and child.
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(b) The child shall inherit from the
adoptive parent and the adoptive parent's relatives the same as though the
child were the birth child of the parent, and in case of the child's death
intestate, the adoptive parent and the adoptive parent's relatives shall
inherit the child's estate as if the child had been the adoptive parent's birth
child.
(c) After a decree of adoption is
entered, the birth parents or previous legal parents of the child shall be
relieved of all parental responsibilities for the child except child support
that has accrued to the date of the order for guardianship to the commissioner
which continues to be due and owing. The
child's birth or previous legal parent shall not exercise or have any rights
over the adopted child or the adopted child's property, person, privacy, or
reputation.
(d) The adopted child shall not owe the
birth parents or the birth parent's relatives any legal duty nor shall the
adopted child inherit from the birth parents or kindred unless otherwise
provided for in a will of the birth parent or kindred.
(e) Upon adoption, the court shall
complete a certificate of adoption form and mail the form to the Office of the
State Registrar at the Minnesota Department of Health. Upon receiving the certificate of adoption,
the state registrar shall register a replacement vital record in the new name
of the adopted child as required under section 144.218.
Subd. 2. Enrollment
in American Indian tribe. Notwithstanding
the provisions of subdivision 1, the adoption of a child whose birth parent or
parents are enrolled in an American Indian tribe shall not change the child's
enrollment in that tribe.
Subd. 3. Communication
or contact agreements. This
section does not prohibit birth parents, relatives, birth or legal siblings,
and adoptive parents from entering a communication or contact agreement under
section 260C.619.
Sec. 44. [260C.637]
ACCESS TO ORIGINAL BIRTH RECORD INFORMATION.
An adopted person may ask the
commissioner of health to disclose the information on the adopted person's
original birth record according to section 259.89.
Sec. 45. Minnesota Statutes 2010, section 541.04, is amended to read:
541.04
JUDGMENTS, TEN OR 20 YEARS.
No action shall be maintained upon a
judgment or decree of a court of the United States, or of any state or
territory thereof, unless begun within ten years after the entry of such
judgment or, in the case of a judgment for child support, including a
judgment by operation of law, unless begun within 20 years after entry of the
judgment.
EFFECTIVE
DATE. The amendments to this
section are effective retroactively from April 15, 2010, the date the language
stricken in this section was finally enacted.
Sec. 46. Minnesota Statutes 2010, section 548.09, subdivision 1, is amended to read:
Subdivision 1. Entry and docketing; survival of judgment. Except as provided in section 548.091, every judgment requiring the payment of money shall be entered by the court administrator when ordered by the court and will be docketed by the court administrator upon the filing of an affidavit as provided in subdivision 2. Upon a transcript of the docket being filed with the court administrator in any other county, the court administrator shall also docket it. From the time of docketing the judgment is a lien, in the amount unpaid, upon all real property in the county then or thereafter owned by the judgment debtor, but it is not a lien upon registered land unless it is also
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recorded pursuant to sections 508.63 and
508A.63. The judgment survives, and the lien
continues, for ten years after its entry or, in the case of a judgment for
child support, including a judgment by operation of law, for 20 years after its
entry. Child support judgments may
be renewed pursuant to section 548.091.
EFFECTIVE DATE. The amendments to this section are
effective retroactively from April 15, 2010, the date the language stricken in
this section was finally enacted.
Sec. 47. Minnesota Statutes 2010, section 626.556, subdivision 2, is amended to read:
Subd. 2. Definitions. As used in this section, the following terms have the meanings given them unless the specific content indicates otherwise:
(a) "Family assessment" means a comprehensive assessment of child safety, risk of subsequent child maltreatment, and family strengths and needs that is applied to a child maltreatment report that does not allege substantial child endangerment. Family assessment does not include a determination as to whether child maltreatment occurred but does determine the need for services to address the safety of family members and the risk of subsequent maltreatment.
(b) "Investigation" means fact gathering related to the current safety of a child and the risk of subsequent maltreatment that determines whether child maltreatment occurred and whether child protective services are needed. An investigation must be used when reports involve substantial child endangerment, and for reports of maltreatment in facilities required to be licensed under chapter 245A or 245B; under sections 144.50 to 144.58 and 241.021; in a school as defined in sections 120A.05, subdivisions 9, 11, and 13, and 124D.10; or in a nonlicensed personal care provider association as defined in sections 256B.04, subdivision 16, and 256B.0625, subdivision 19a.
(c) "Substantial child endangerment" means a person responsible for a child's care, and in the case of sexual abuse includes a person who has a significant relationship to the child as defined in section 609.341, or a person in a position of authority as defined in section 609.341, who by act or omission commits or attempts to commit an act against a child under their care that constitutes any of the following:
(1) egregious harm as defined in section 260C.007, subdivision 14;
(2) sexual abuse as defined in paragraph (d);
(3) abandonment under section 260C.301, subdivision 2;
(4) neglect as defined in paragraph (f), clause (2), that substantially endangers the child's physical or mental health, including a growth delay, which may be referred to as failure to thrive, that has been diagnosed by a physician and is due to parental neglect;
(5) murder in the first, second, or third degree under section 609.185, 609.19, or 609.195;
(6) manslaughter in the first or second degree under section 609.20 or 609.205;
(7) assault in the first, second, or third degree under section 609.221, 609.222, or 609.223;
(8) solicitation, inducement, and promotion of prostitution under section 609.322;
(9) criminal sexual conduct under sections 609.342 to 609.3451;
(10) solicitation of children to engage in sexual conduct under section 609.352;
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(11) malicious punishment or neglect or endangerment of a child under section 609.377 or 609.378;
(12) use of a minor in sexual performance under section 617.246; or
(13) parental behavior, status, or condition which mandates that the county attorney file a termination of parental rights petition under section 260C.301, subdivision 3, paragraph (a).
(d) "Sexual abuse" means the subjection of a child by a person responsible for the child's care, by a person who has a significant relationship to the child, as defined in section 609.341, or by a person in a position of authority, as defined in section 609.341, subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual conduct in the first degree), 609.343 (criminal sexual conduct in the second degree), 609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual abuse also includes any act which involves a minor which constitutes a violation of prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual abuse includes threatened sexual abuse.
(e) "Person responsible for the child's care" means (1) an individual functioning within the family unit and having responsibilities for the care of the child such as a parent, guardian, or other person having similar care responsibilities, or (2) an individual functioning outside the family unit and having responsibilities for the care of the child such as a teacher, school administrator, other school employees or agents, or other lawful custodian of a child having either full-time or short-term care responsibilities including, but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching, and coaching.
(f) "Neglect" means the commission or omission of any of the acts specified under clauses (1) to (9), other than by accidental means:
(1) failure by a person responsible for a child's care to supply a child with necessary food, clothing, shelter, health, medical, or other care required for the child's physical or mental health when reasonably able to do so;
(2) failure to protect a child from conditions or actions that seriously endanger the child's physical or mental health when reasonably able to do so, including a growth delay, which may be referred to as a failure to thrive, that has been diagnosed by a physician and is due to parental neglect;
(3) failure to provide for necessary supervision or child care arrangements appropriate for a child after considering factors as the child's age, mental ability, physical condition, length of absence, or environment, when the child is unable to care for the child's own basic needs or safety, or the basic needs or safety of another child in their care;
(4) failure to ensure that the child is educated as defined in sections 120A.22 and 260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's child with sympathomimetic medications, consistent with section 125A.091, subdivision 5;
(5) nothing in this section shall be construed to mean that a child is neglected solely because the child's parent, guardian, or other person responsible for the child's care in good faith selects and depends upon spiritual means or prayer for treatment or care of disease or remedial care of the child in lieu of medical care; except that a parent, guardian, or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report if a lack of medical care may cause serious danger to the child's health. This section does not impose upon persons, not otherwise legally responsible for providing a child with necessary food, clothing, shelter, education, or medical care, a duty to provide that care;
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(6) prenatal exposure to a controlled substance, as defined in section 253B.02, subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal symptoms in the child at birth, results of a toxicology test performed on the mother at delivery or the child at birth, or medical effects or developmental delays during the child's first year of life that medically indicate prenatal exposure to a controlled substance;
(7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);
(8) chronic and severe use of alcohol or a controlled substance by a parent or person responsible for the care of the child that adversely affects the child's basic needs and safety; or
(9) emotional harm from a pattern of behavior which contributes to impaired emotional functioning of the child which may be demonstrated by a substantial and observable effect in the child's behavior, emotional response, or cognition that is not within the normal range for the child's age and stage of development, with due regard to the child's culture.
(g) "Physical abuse" means any physical injury, mental injury, or threatened injury, inflicted by a person responsible for the child's care on a child other than by accidental means, or any physical or mental injury that cannot reasonably be explained by the child's history of injuries, or any aversive or deprivation procedures, or regulated interventions, that have not been authorized under section 121A.67 or 245.825.
Abuse does not include reasonable and moderate physical discipline of a child administered by a parent or legal guardian which does not result in an injury. Abuse does not include the use of reasonable force by a teacher, principal, or school employee as allowed by section 121A.582. Actions which are not reasonable and moderate include, but are not limited to, any of the following that are done in anger or without regard to the safety of the child:
(1) throwing, kicking, burning, biting, or cutting a child;
(2) striking a child with a closed fist;
(3) shaking a child under age three;
(4) striking or other actions which result in any nonaccidental injury to a child under 18 months of age;
(5) unreasonable interference with a child's breathing;
(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;
(7) striking a child under age one on the face or head;
(8) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled substances which were not prescribed for the child by a practitioner, in order to control or punish the child; or other substances that substantially affect the child's behavior, motor coordination, or judgment or that results in sickness or internal injury, or subjects the child to medical procedures that would be unnecessary if the child were not exposed to the substances;
(9) unreasonable physical confinement or restraint not permitted under section 609.379, including but not limited to tying, caging, or chaining; or
(10) in a school facility or school zone, an act by a person responsible for the child's care that is a violation under section 121A.58.
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(h) "Report" means any report received by the local welfare agency, police department, county sheriff, or agency responsible for assessing or investigating maltreatment pursuant to this section.
(i) "Facility" means:
(1) a licensed or unlicensed day care facility, residential facility, agency, hospital, sanitarium, or other facility or institution required to be licensed under sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or chapter 245B;
(2) a school as defined in sections 120A.05, subdivisions 9, 11, and 13; and 124D.10; or
(3) a nonlicensed personal care provider organization as defined in sections 256B.04, subdivision 16, and 256B.0625, subdivision 19a.
(j) "Operator" means an operator or agency as defined in section 245A.02.
(k) "Commissioner" means the commissioner of human services.
(l) "Practice of social services," for the purposes of subdivision 3, includes but is not limited to employee assistance counseling and the provision of guardian ad litem and parenting time expeditor services.
(m) "Mental injury" means an injury to the psychological capacity or emotional stability of a child as evidenced by an observable or substantial impairment in the child's ability to function within a normal range of performance and behavior with due regard to the child's culture.
(n) "Threatened injury" means a statement, overt act, condition, or status that represents a substantial risk of physical or sexual abuse or mental injury. Threatened injury includes, but is not limited to, exposing a child to a person responsible for the child's care, as defined in paragraph (e), clause (1), who has:
(1) subjected a child to, or failed to protect a child from, an overt act or condition that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a similar law of another jurisdiction;
(2) been found to be palpably unfit under section 260C.301, paragraph (b), clause (4), or a similar law of another jurisdiction;
(3) committed an act that has resulted in an involuntary termination of parental rights under section 260C.301, or a similar law of another jurisdiction; or
(4) committed an act that has resulted in the involuntary transfer of permanent legal and physical custody of a child to a relative under section 260C.201, subdivision 11, paragraph (d), clause (1), or a similar law of another jurisdiction.
A child is the subject of a report of
threatened injury when the responsible social services agency receives birth
match data under paragraph (o) from the Department of Human Services.
(o) Upon receiving data under section 144.225,
subdivision 2b, contained in a birth record or recognition of parentage
identifying a child who is subject to threatened injury under paragraph (n),
the Department of Human Services shall send the data to the responsible social
services agency. The data is known as
"birth match" data. Unless the
responsible social services agency has already begun an investigation or
assessment of the report due to the birth of the child or execution of the
recognition of parentage and the parent's previous history with child
protection, the agency shall accept the birth match data as a report under this
section. The agency may use either a
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family assessment or investigation to determine whether
the child is safe. All of the provisions
of this section apply. If the child is
determined to be safe, the agency shall consult with the county attorney to
determine the appropriateness of filing a petition alleging the child is in
need of protection or services under section 260C.007, subdivision 6, clause
(16), in order to deliver needed services.
If the child is determined not to be safe, the agency and the county
attorney shall take appropriate action as required under section 260C.301,
subdivision 3.
(o) (p) Persons who conduct assessments or
investigations under this section shall take into account accepted
child-rearing practices of the culture in which a child participates and
accepted teacher discipline practices, which are not injurious to the child's
health, welfare, and safety.
(p) (q) "Accidental" means a sudden,
not reasonably foreseeable, and unexpected occurrence or event which:
(1) is not likely to occur and could not have been prevented by exercise of due care; and
(2) if occurring while a child is receiving services from a facility, happens when the facility and the employee or person providing services in the facility are in compliance with the laws and rules relevant to the occurrence or event.
(q) (r) "Nonmaltreatment mistake"
means:
(1) at the time of the incident, the individual was performing duties identified in the center's child care program plan required under Minnesota Rules, part 9503.0045;
(2) the individual has not been determined responsible for a similar incident that resulted in a finding of maltreatment for at least seven years;
(3) the individual has not been determined to have committed a similar nonmaltreatment mistake under this paragraph for at least four years;
(4) any injury to a child resulting from the incident, if treated, is treated only with remedies that are available over the counter, whether ordered by a medical professional or not; and
(5) except for the period when the incident occurred, the facility and the individual providing services were both in compliance with all licensing requirements relevant to the incident.
This definition only applies to child care centers licensed under Minnesota Rules, chapter 9503. If clauses (1) to (5) apply, rather than making a determination of substantiated maltreatment by the individual, the commissioner of human services shall determine that a nonmaltreatment mistake was made by the individual.
Sec. 48. Minnesota Statutes 2010, section 626.556, subdivision 10f, is amended to read:
Subd. 10f. Notice of determinations. Within ten working days of the conclusion of a family assessment, the local welfare agency shall notify the parent or guardian of the child of the need for services to address child safety concerns or significant risk of subsequent child maltreatment. The local welfare agency and the family may also jointly agree that family support and family preservation services are needed. Within ten working days of the conclusion of an investigation, the local welfare agency or agency responsible for assessing or investigating the report shall notify the parent or guardian of the child, the person determined to be maltreating the child, and if applicable, the director of the facility, of the determination and a summary of the specific reasons for the determination. When the investigation involves a child foster care setting that is monitored by a private licensing agency under section 245A.16, the local welfare agency responsible for assessing or investigating the report shall notify the private licensing agency of the determination and shall provide a summary of the specific reasons for the determination. The notice to the private licensing agency must include identifying private data, but not the identity
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of the reporter of maltreatment. The notice must also include a certification
that the information collection procedures under subdivision 10, paragraphs
(h), (i), and (j), were followed and a notice of the right of a data subject to
obtain access to other private data on the subject collected, created, or
maintained under this section. In
addition, the notice shall include the length of time that the records will be
kept under subdivision 11c. The
investigating agency shall notify the parent or guardian of the child who is
the subject of the report, and any person or facility determined to have
maltreated a child, of their appeal or review rights under this section or
section 256.022. The notice must
also state that a finding of maltreatment may result in denial of a license
application or background study disqualification under chapter 245C related to
employment or services that are licensed by the Department of Human Services
under chapter 245A, the Department of Health under chapter 144 or 144A, the
Department of Corrections under section 241.021, and from providing services
related to an unlicensed personal care provider organization under chapter
256B.
Sec. 49. Minnesota Statutes 2010, section 626.556, subdivision 10i, is amended to read:
Subd. 10i. Administrative reconsideration; review panel. (a) Administrative reconsideration is not applicable in family assessments since no determination concerning maltreatment is made. For investigations, except as provided under paragraph (e), an individual or facility that the commissioner of human services, a local social service agency, or the commissioner of education determines has maltreated a child, an interested person acting on behalf of the child, regardless of the determination, who contests the investigating agency's final determination regarding maltreatment, may request the investigating agency to reconsider its final determination regarding maltreatment. The request for reconsideration must be submitted in writing to the investigating agency within 15 calendar days after receipt of notice of the final determination regarding maltreatment or, if the request is made by an interested person who is not entitled to notice, within 15 days after receipt of the notice by the parent or guardian of the child. If mailed, the request for reconsideration must be postmarked and sent to the investigating agency within 15 calendar days of the individual's or facility's receipt of the final determination. If the request for reconsideration is made by personal service, it must be received by the investigating agency within 15 calendar days after the individual's or facility's receipt of the final determination. Effective January 1, 2002, an individual who was determined to have maltreated a child under this section and who was disqualified on the basis of serious or recurring maltreatment under sections 245C.14 and 245C.15, may request reconsideration of the maltreatment determination and the disqualification. The request for reconsideration of the maltreatment determination and the disqualification must be submitted within 30 calendar days of the individual's receipt of the notice of disqualification under sections 245C.16 and 245C.17. If mailed, the request for reconsideration of the maltreatment determination and the disqualification must be postmarked and sent to the investigating agency within 30 calendar days of the individual's receipt of the maltreatment determination and notice of disqualification. If the request for reconsideration is made by personal service, it must be received by the investigating agency within 30 calendar days after the individual's receipt of the notice of disqualification.
(b) Except as provided under paragraphs (e)
and (f), if the investigating agency denies the request or fails to act upon the
request within 15 working days after receiving the request for reconsideration,
the person or facility entitled to a fair hearing under section 256.045 may
submit to the commissioner of human services or the commissioner of education a
written request for a hearing under that section. Section 256.045 also governs hearings
requested to contest a final determination of the commissioner of
education. For reports involving
maltreatment of a child in a facility, an interested person acting on behalf of
the child may request a review by the Child Maltreatment Review Panel under
section 256.022 if the investigating agency denies the request or fails to act
upon the request or if the interested person contests a reconsidered
determination. The investigating agency
shall notify persons who request reconsideration of their rights under this
paragraph. The request must be submitted
in writing to the review panel and a copy sent to the investigating agency
within 30 calendar days of receipt of notice of a denial of a request for
reconsideration or of a reconsidered determination. The request must specifically identify the
aspects of the agency determination with which the person is dissatisfied.
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(c) If, as a result of a reconsideration or review, the investigating agency changes the final determination of maltreatment, that agency shall notify the parties specified in subdivisions 10b, 10d, and 10f.
(d) Except as provided under paragraph (f), if an individual or facility contests the investigating agency's final determination regarding maltreatment by requesting a fair hearing under section 256.045, the commissioner of human services shall assure that the hearing is conducted and a decision is reached within 90 days of receipt of the request for a hearing. The time for action on the decision may be extended for as many days as the hearing is postponed or the record is held open for the benefit of either party.
(e) If an individual was disqualified under sections 245C.14 and 245C.15, on the basis of a determination of maltreatment, which was serious or recurring, and the individual has requested reconsideration of the maltreatment determination under paragraph (a) and requested reconsideration of the disqualification under sections 245C.21 to 245C.27, reconsideration of the maltreatment determination and reconsideration of the disqualification shall be consolidated into a single reconsideration. If reconsideration of the maltreatment determination is denied and the individual remains disqualified following a reconsideration decision, the individual may request a fair hearing under section 256.045. If an individual requests a fair hearing on the maltreatment determination and the disqualification, the scope of the fair hearing shall include both the maltreatment determination and the disqualification.
(f) If a maltreatment determination or a disqualification based on serious or recurring maltreatment is the basis for a denial of a license under section 245A.05 or a licensing sanction under section 245A.07, the license holder has the right to a contested case hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. As provided for under section 245A.08, subdivision 2a, the scope of the contested case hearing shall include the maltreatment determination, disqualification, and licensing sanction or denial of a license. In such cases, a fair hearing regarding the maltreatment determination and disqualification shall not be conducted under section 256.045. Except for family child care and child foster care, reconsideration of a maltreatment determination as provided under this subdivision, and reconsideration of a disqualification as provided under section 245C.22, shall also not be conducted when:
(1) a denial of a license under section 245A.05 or a licensing sanction under section 245A.07, is based on a determination that the license holder is responsible for maltreatment or the disqualification of a license holder based on serious or recurring maltreatment;
(2) the denial of a license or licensing sanction is issued at the same time as the maltreatment determination or disqualification; and
(3) the license holder appeals the maltreatment determination or disqualification, and denial of a license or licensing sanction.
Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment determination or disqualification, but does not appeal the denial of a license or a licensing sanction, reconsideration of the maltreatment determination shall be conducted under sections 626.556, subdivision 10i, and 626.557, subdivision 9d, and reconsideration of the disqualification shall be conducted under section 245C.22. In such cases, a fair hearing shall also be conducted as provided under sections 245C.27, 626.556, subdivision 10i, and 626.557, subdivision 9d.
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If the disqualified subject is an individual other than the license holder and upon whom a background study must be conducted under chapter 245C, the hearings of all parties may be consolidated into a single contested case hearing upon consent of all parties and the administrative law judge.
(g) For purposes of this subdivision, "interested person acting on behalf of the child" means a parent or legal guardian; stepparent; grandparent; guardian ad litem; adult stepbrother, stepsister, or sibling; or adult aunt or uncle; unless the person has been determined to be the perpetrator of the maltreatment.
Sec. 50. Minnesota Statutes 2010, section 626.556, subdivision 11, is amended to read:
Subd. 11. Records. (a) Except as provided in paragraph (b) or
(d) and subdivisions 10b, 10d, 10g, and 11b, all records concerning
individuals maintained by a local welfare agency or agency responsible for
assessing or investigating the report under this section, including any written
reports filed under subdivision 7, shall be private data on individuals, except
insofar as copies of reports are required by subdivision 7 to be sent to the
local police department or the county sheriff.
All records concerning determinations of maltreatment by a facility are
nonpublic data as maintained by the Department of Education, except insofar as
copies of reports are required by subdivision 7 to be sent to the local police
department or the county sheriff.
Reports maintained by any police department or the county sheriff shall
be private data on individuals except the reports shall be made available to
the investigating, petitioning, or prosecuting authority, including county medical
examiners or county coroners. Section
13.82, subdivisions 8, 9, and 14, apply to law enforcement data other than the
reports. The local social services
agency or agency responsible for assessing or investigating the report shall
make available to the investigating, petitioning, or prosecuting authority,
including county medical examiners or county coroners or their professional
delegates, any records which contain information relating to a specific
incident of neglect or abuse which is under investigation, petition, or
prosecution and information relating to any prior incidents of neglect or abuse
involving any of the same persons. The
records shall be collected and maintained in accordance with the provisions of
chapter 13. In conducting investigations
and assessments pursuant to this section, the notice required by section 13.04,
subdivision 2, need not be provided to a minor under the age of ten who is the
alleged victim of abuse or neglect. An
individual subject of a record shall have access to the record in accordance
with those sections, except that the name of the reporter shall be confidential
while the report is under assessment or investigation except as otherwise
permitted by this subdivision. Any
person conducting an investigation or assessment under this section who
intentionally discloses the identity of a reporter prior to the completion of
the investigation or assessment is guilty of a misdemeanor. After the assessment or investigation is completed,
the name of the reporter shall be confidential.
The subject of the report may compel disclosure of the name of the
reporter only with the consent of the reporter or upon a written finding by the
court that the report was false and that there is evidence that the report was
made in bad faith. This subdivision does
not alter disclosure responsibilities or obligations under the Rules of
Criminal Procedure.
(b) Upon request of the legislative auditor, data on individuals maintained under this section must be released to the legislative auditor in order for the auditor to fulfill the auditor's duties under section 3.971. The auditor shall maintain the data in accordance with chapter 13.
(c) The commissioner of education must be provided with all requested data that are relevant to a report of maltreatment and are in possession of a school facility as defined in subdivision 2, paragraph (i), when the data is requested pursuant to an assessment or investigation of a maltreatment report of a student in a school. If the commissioner of education makes a determination of maltreatment involving an individual performing work within a school facility who is licensed by a board or other agency, the commissioner shall provide necessary and relevant information to the licensing entity to enable the entity to fulfill its statutory duties. Notwithstanding section 13.03, subdivision 4, data received by a licensing entity under this paragraph are governed by section 13.41 or other applicable law governing data of the receiving entity, except that this section applies to the classification of and access to data on the reporter of the maltreatment.
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(d) The investigating agency shall exchange not public
data with the Child Maltreatment Review Panel under section 256.022 if the data
are pertinent and necessary for a review requested under section 256.022. Upon completion of the review, the not public
data received by the review panel must be returned to the investigating agency.
Sec. 51. REPEALER.
Minnesota Statutes 2010, section 256.022, is repealed.
Sec. 52. EFFECTIVE DATE.
This article is effective August 2, 2012.
ARTICLE 2
SAFE PLACE FOR NEWBORNS
Section 1. Minnesota Statutes 2010, section 145.902, is amended to read:
145.902 GIVE LIFE A CHANCE; SAFE
PLACE FOR NEWBORNS; HOSPITAL
DUTIES; IMMUNITY.
Subdivision 1. General.
(a) For purposes of this section, a "safe place" means
a hospital licensed under sections 144.50 to 144.56, a health care provider who
provides 24-hour urgent care medical services, or an ambulance service licensed
under chapter 144E dispatched in response to a 911 call from a mother or a
person with the mother's permission to relinquish a newborn infant.
(b) A hospital licensed under sections 144.50 to
144.56 safe place shall receive a newborn left with a hospital
an employee on the hospital premises of the safe place during
its hours of operation, provided that:
(1) the newborn was born within 72 hours seven
days of being left at the hospital safe place, as determined
within a reasonable degree of medical certainty; and
(2) the newborn is left in an unharmed condition.
(b) (c) The hospital safe place
must not inquire as to the identity of the mother or the person leaving the
newborn or call the police, provided the newborn is unharmed when presented to
the hospital. The hospital safe
place may ask the mother or the person leaving the newborn about the
medical history of the mother or newborn but the mother or the person leaving
the newborn is not required to provide any information. The hospital safe place may
provide the mother or the person leaving the newborn with information about how
to contact relevant social service agencies.
(d) A safe place that is a health care provider who
provides 24-hour urgent care medical services shall dial 911, advise the
dispatcher that the call is being made from a safe place for newborns, and ask
the dispatcher to send an ambulance or take other appropriate action to
transport the newborn to a hospital. An
ambulance with whom a newborn is left shall transport the newborn to a hospital
for care. Hospitals must receive a
newborn left with a safe place and make the report as required in subdivision
2.
Subd. 2. Reporting.
Within 24 hours of receiving a newborn under this section, the
hospital must inform the local welfare agency responsible social
service agency that a newborn has been left at the hospital, but must not
do so before in the presence of the mother or the person leaving
the newborn leaves the hospital. The
hospital must provide necessary care to the newborn pending assumption of legal
responsibility by the responsible social services agency pursuant to section
260C.217, subdivision 4.
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Subd. 3. Immunity. (a) A hospital safe place
with responsibility for performing duties under this section, and any employee,
doctor, ambulance personnel, or other medical professional working at
the hospital safe place, are immune from any criminal liability
that otherwise might result from their actions, if they are acting in good
faith in receiving a newborn, and are immune from any civil liability that
otherwise might result from merely receiving a newborn.
(b) A hospital safe place
performing duties under this section, or an employee, doctor, ambulance
personnel, or other medical professional working at the hospital safe
place who is a mandated reporter under section 626.556, is immune from any
criminal or civil liability that otherwise might result from the failure to
make a report under that section if the person is acting in good faith in
complying with this section.
Sec. 2. Minnesota Statutes 2010, section 260C.217, is amended to read:
260C.217
GIVE LIFE A CHANCE; SAFE PLACE FOR NEWBORNS.
Subdivision 1. Duty to
attempt reunification, duty to search for relatives, and preferences not
applicable. A local responsible
social service agency taking custody of with responsibility for a
child after discharge from a hospital that received a child under section
145.902 pursuant to subdivision 4, is not required to attempt to
reunify the child with the child's parents.
Additionally, the agency is not required to search for relatives of the
child as a placement or permanency option under section 260C.212, subdivision
5, or to implement other placement requirements that give a preference to
relatives if the agency does not have information as to the identity of the
child, the child's mother, or the child's father.
Subd. 1a. Definitions. For purposes of this section, "safe
place" has the meaning given in section 145.902.
Subd. 2. Status
of child. For purposes of
proceedings under this chapter and adoption proceedings, a newborn left at a hospital
under safe place, pursuant to subdivision 3 and section 145.902,
is considered an abandoned child under section 626.556, subdivision 2,
paragraph (c), clause (3). The child is
abandoned under sections 260C.007, subdivision 6, clause (1), and 260C.301,
subdivision 1, paragraph (b), clause (1).
Subd. 3. Relinquishment
of a newborn. A mother or any
person, with the mother's permission, may bring a newborn infant to a safe
place during its hours of operation and leave the infant in the care of an
employee of the safe place. The mother
or a person with the mother's permission may call 911 to request to have an
ambulance dispatched to an agreed-upon location to relinquish a newborn infant
into the custody of ambulance personnel.
Subd. 4. Placement
of the newborn. The agency
contacted by a safe place pursuant to section 145.902, subdivision 2, shall
have legal responsibility for the placement of the newborn infant in foster
care for 72 hours during which time the agency shall file a petition under
section 260C.141 and ask the court to order continued placement of the child in
foster care. The agency shall
immediately begin planning for adoptive placement of the newborn.
Sec. 3. Minnesota Statutes 2010, section 609.3785, is amended to read:
609.3785
UNHARMED NEWBORNS LEFT AT HOSPITALS A SAFE PLACE; AVOIDANCE OF
PROSECUTION.
A person may leave a newborn with a
hospital an employee at a hospital safe place, as defined
in section 145.902, in this state, pursuant to section 260C.217,
subdivision 3, without being subjected to prosecution for that act,
provided that:
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(1) the newborn was born within 72 hours seven
days of being left at the hospital safe place, as determined
within a reasonable degree of medical certainty;
(2) the newborn is left in an unharmed condition; and
(3) in cases where the person leaving the newborn is not the newborn's mother, the person has the mother's approval to do so.
ARTICLE 3
ADOPTION ASSISTANCE
Section 1. [259A.01] DEFINITIONS.
Subdivision 1.
Scope. For the purposes of this chapter, the
terms defined in this section have the meanings given them except as otherwise
indicated by the context.
Subd. 2.
Adoption assistance. "Adoption assistance" means
medical coverage and reimbursement of nonrecurring adoption expenses, and may
also include financial support and reimbursement for specific nonmedical
expenses provided under agreement with the parent of an adoptive child who
would otherwise remain in foster care and whose special needs would otherwise
make it difficult to place the child for adoption. Financial support may include a basic
maintenance payment and a supplemental needs payment.
Subd. 3.
Adoptive parent. "Adoptive parent" means the
adult who has been made the legal parent of a child through a court-ordered
adoption decree or a customary adoption through tribal court.
Subd. 4.
AFDC. "AFDC" means the aid to
families with dependent children program under sections 256.741, 256.82, and
256.87.
Subd. 5.
Assessment. "Assessment" means the
process by which the child-placing agency determines the benefits an eligible
child may receive under this chapter.
Subd. 6.
At-risk child. "At-risk child" means a
child who does not have a documented disability but who is at risk of
developing a physical, mental, emotional, or behavioral disability based on
being related within the first or second degree to persons who have an
inheritable physical, mental, emotional, or behavioral disabling condition, or
from a background that has the potential to cause the child to develop a
physical, mental, emotional, or behavioral disability that the child is at risk
of developing. The disability must
manifest during childhood.
Subd. 7.
Basic maintenance payment. "Basic maintenance payment"
means the maintenance payment made on behalf of a child to support the costs an
adoptive parent incurs to meet a child's needs consistent with the care parents
customarily provide, including: food,
clothing, shelter, daily supervision, school supplies, and a child's personal
incidentals. It also supports reasonable
travel to participate in face-to-face visitation between child and birth
relatives, including siblings.
Subd. 8.
Child. "Child" means an individual
under 18 years of age. For purposes of
this chapter, child also includes individuals up to age 21 who have approved
adoption assistance agreement extensions under section 259A.45, subdivision 1.
Subd. 9.
Child-placing agency. "Child-placing agency" means
a business, organization, or department of government, including the
responsible social services agency or a federally recognized Minnesota tribe,
designated or authorized by law to place children for adoption and assigned
legal responsibility for placement, care, and supervision of the child through
a court order, voluntary placement agreement, or voluntary relinquishment.
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Subd. 10.
Child under guardianship of
the commissioner of human services. "Child
under guardianship of the commissioner of human services" means a child
the court has ordered under the guardianship of the commissioner of human
services pursuant to section 260C.325.
Subd. 11.
Commissioner. "Commissioner" means the
commissioner of human services or any employee of the Department of Human
Services to whom the commissioner has delegated authority regarding children
under the commissioner's guardianship.
Subd. 12. Consent of parent to adoption under chapter 260C. "Consent of parent to adoption under chapter 260C" means the consent executed pursuant to section 260C.515, subdivision 3.
Subd. 13.
Department. "Department" means the
Minnesota Department of Human Services.
Subd. 14.
Disability. "Disability" means a
physical, mental, emotional, or behavioral impairment that substantially limits
one or more major life activities. Major
life activities include, but are not limited to: thinking, walking, hearing, breathing,
working, seeing, speaking, communicating, learning, developing and maintaining
healthy relationships, safely caring for oneself, and performing manual tasks. The nature, duration, and severity of the
impairment shall be used in determining if the limitation is substantial.
Subd. 15.
Foster care. "Foster care" has the
meaning given in section 260C.007, subdivision 18.
Subd. 16.
Guardian. "Guardian" means an adult
who is appointed pursuant to section 260C.325.
For a child under guardianship of the commissioner, the child's guardian
is the commissioner of human services.
Subd. 17.
Guardianship. "Guardianship" means the
court-ordered rights and responsibilities of the guardian of a child and includes
legal custody of the child.
Subd. 18.
Indian child. "Indian child" has the
meaning given in section 260.755, subdivision 8.
Subd. 19.
Legal custodian. "Legal custodian" means a
person to whom permanent legal and physical custody of a child has been
transferred under chapter 260C, or for children under tribal court
jurisdiction, a similar provision under tribal code which means that the
individual responsible for the child has responsibility for the protection,
education, care, and control of the child and decision making on behalf of the
child.
Subd. 20.
Medical assistance. "Medical assistance" means
Minnesota's implementation of the federal Medicaid program.
Subd. 21.
Parent. "Parent" has the meaning
given in section 257.52. Parent does not
mean a putative father of a child unless the putative father also meets the
requirements of section 257.55 or unless the putative father is entitled to
notice under section 259.49, subdivision 1.
For matters governed by the Indian Child Welfare Act, parent includes
any Indian person who has adopted a child by tribal law or custom, as provided
in section 260.755, subdivision 14, and does not include the unwed father where
paternity has not been acknowledged or established.
Subd. 22.
Permanent legal and physical
custody. "Permanent
legal and physical custody" means permanent legal and physical custody
ordered by a Minnesota court under section 260C.515, subdivision 4, or for
children under tribal court jurisdiction, a similar provision under tribal code
which means that the individual with permanent legal and physical custody of
the child has responsibility for the protection, education, care, and control
of the child and decision making on behalf of the child.
Subd. 23.
Preadoptive parent. "Preadoptive parent" means
an adult who is caring for a child in an adoptive placement, but where the court has not yet ordered a final decree of
adoption making the adult the legal parent of the child.
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Subd. 24. Reassessment. "Reassessment" means an
update of a previous assessment through the process under this chapter
completed for a child who has been continuously eligible for this benefit.
Subd. 25. Relative. "Relative" means a person
related to the child by blood, marriage, or adoption, or an individual who is
an important friend with whom the child has resided or had significant
contact. For an Indian child, relative
includes members of the extended family as defined by law or custom of the
Indian child's tribe, or, in the absence of law or custom, shall be a person
who has reached the age of 18 and who is the Indian child's grandparent, aunt
or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew,
first or second cousin, or stepparent, as provided in the Indian Child Welfare
Act of 1978, United States Code, title 25, section 1903.
Subd. 26. Relative
search. "Relative
search" means the search that is required under section 260C.212,
subdivision 5.
Subd. 27. Sibling. "Sibling" has the meaning
given in section 260C.007, subdivision 32.
Subd. 28. Social
and medical history. "Social
and medical history" means the document, on a form or forms prescribed by
the commissioner, that contains a child's genetic, medical, and family
background as well as the history and current status of a child's physical and
mental health, behavior, demeanor, foster care placements, education, and family
relationships and has the same meaning as the history required under sections
259.43 and 260C.609.
Subd. 29. Supplemental
needs payment. "Supplemental
needs payment" means the payment which is negotiated with the adoptive
parent for a child who has a documented physical, mental, emotional, or
behavioral disability. The payment is
made based on the requirements associated with parenting duties to nurture the
child, preserve the child's connections, and support the child's functioning in
the home.
Subd. 30. Termination
of parental rights. "Termination
of parental rights" means a court order that severs all rights, powers,
privileges, immunities, duties, and obligations, including any rights to
custody, control, visitation, or support, existing between a parent and
child. For an Indian child who is a ward
of tribal court, termination of parental rights means any action resulting in
the termination or suspension of the parent-child relationship when the tribe
has made a judicial determination that the child cannot or should not be
returned to the home of the child's parent or parents.
Sec. 2. [259A.05]
PROGRAM ADMINISTRATION.
Subdivision 1. Administration
of title IV-E programs. The
title IV-E Adoption Assistance Program shall operate according to the
requirements of United States Code, title 42, sections 671 and 673, and Code of
Federal Regulations, parts 1355 and 1356.
Subd. 2. Administration
responsibilities. (a) AFDC
relatedness is one eligibility component of title IV-E adoption assistance. The AFDC relatedness determination shall be
made by an agency according to policies and procedures prescribed by the
commissioner.
(b) Subject to commissioner approval,
the child-placing agency shall certify a child's eligibility for adoption assistance
in writing on the forms prescribed by the commissioner according to section
259A.15.
(c) Children who meet all eligibility
criteria except those specific to title IV-E, shall receive adoption assistance
paid through state funds.
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(d) The child-placing agency is
responsible for assisting the commissioner with the administration of the
adoption assistance program by conducting assessments, reassessments,
negotiations, and other activities as specified by the requirements and
procedures prescribed by the commissioner.
(e) The child-placing agency shall
notify an adoptive parent of a child's eligibility for Medicaid in the state of
residence. In Minnesota, the
child-placing agency shall refer the adoptive parent to the appropriate social
service agency in the parent's county of residence that administers medical assistance. The child-placing agency shall inform the
adoptive parent of the requirement to comply with the rules of the applicable
Medicaid program.
Subd. 3. Procedures,
requirements, and deadlines. The
commissioner shall specify procedures, requirements, and deadlines for the
administration of adoption assistance in accordance with this section.
Subd. 4. Promotion
of programs. (a) Parents who
adopt children with special needs must be informed of the adoption tax credit.
(b) The commissioner shall actively seek
ways to promote the adoption assistance program, including informing
prospective adoptive parents of eligible children under guardianship of the
commissioner and the availability of adoption assistance.
Sec. 3. [259A.10]
ELIGIBILITY REQUIREMENTS.
Subdivision 1. General
eligibility requirements. (a)
To be eligible for adoption assistance, a child must:
(1) be determined to be a child with
special needs, according to subdivision 2;
(2) meet the applicable citizenship and
immigration requirements in subdivision 3; and
(3)(i) meet the criteria outlined in
section 473 of the Social Security Act; or
(ii) have had foster care payments paid
on the child's behalf while in out-of-home placement through the county or tribal
social service agency and be a child under the guardianship of the commissioner
or a ward of tribal court.
(b) In addition to the requirements in
paragraph (a), the child's adoptive parents must meet the applicable background
study requirements outlined in subdivision 4.
Subd. 2. Special
needs determination. (a) A
child is considered a child with special needs under this section if all of the
requirements in paragraphs (b) to (g) are met.
(b) There has been a determination that
the child cannot or should not be returned to the home of the child's parents
as evidenced by:
(1) court-ordered termination of
parental rights;
(2) petition to terminate parental
rights;
(3) consent of parent to adoption
accepted by the court under chapter 260C;
(4) in circumstances where tribal law
permits the child to be adopted without a termination of parental rights, a
judicial determination by tribal court indicating the valid reason why the
child cannot or should not return home;
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(5) voluntary relinquishment under section 259.25 or
259.47 or, if relinquishment occurred in another state, the applicable laws in
that state; or
(6) death of the legal parent, or parents if the child
has two legal parents.
(c) There exists a specific factor or condition because
of which it is reasonable to conclude that the child cannot be placed with
adoptive parents without providing adoption assistance as evidenced by:
(1) determination by the Social Security Administration
that the child meets all medical or disability requirements of title XVI of the
Social Security Act with respect to eligibility for Supplemental Security
Income benefits;
(2) documented physical, mental, emotional, or
behavioral disability not covered under clause (1);
(3) a member in a sibling group being adopted at the
same time by the same parent;
(4) adoptive placement in the home of a parent who
previously adopted a sibling for whom they receive adoption assistance; or
(5) documentation that the child is an at-risk child.
(d) A reasonable but unsuccessful effort was made to
place the child with adoptive parents without providing adoption assistance as
evidenced by:
(1) a documented search for an appropriate adoptive
placement; or
(2) determination by the commissioner that a search
under clause (1) is not in the best interests of the child.
(e) The requirement for a documented search for an
appropriate adoptive placement under paragraph (d), including the registration
of the child with the State Adoption Exchange and other recruitment methods
under paragraph (f), must be waived if:
(1) the child is being adopted by a relative and it is
determined by the child-placing agency that adoption by the relative is in the
best interests of the child;
(2) the child is being adopted by a foster parent with
whom the child has developed significant emotional ties while in their care as
a foster child and it is determined by the child-placing agency that adoption
by the foster parent is in the best interests of the child; or
(3) the child is being adopted by a parent that
previously adopted a sibling of the child, and it is determined by the
child-placing agency that adoption by this parent is in the best interests of
the child.
When the Indian Child Welfare Act applies, a waiver must
not be granted unless the child-placing agency has complied with the placement
preferences required by the Indian Child Welfare Act according to United States
Code, title 25, section 1915(a).
(f) To meet the requirement of a documented search for
an appropriate adoptive placement under paragraph (d), clause (1), the
child-placing agency minimally must:
(1) conduct a relative search as required by section
260C.212, subdivision 5, and give consideration to placement with a relative as
required by section 260C.212, subdivision 2;
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(2) comply with the adoptive placement preferences
required under the Indian Child Welfare Act when the Indian Child Welfare Act,
United States Code, title 25, section 1915(a), applies;
(3) locate prospective adoptive families by registering
the child on the State Adoption Exchange, as required under section 259.75; and
(4) if registration with the State Adoption Exchange
does not result in the identification of an appropriate adoptive placement, the
agency must employ additional recruitment methods, as outlined in requirements
and procedures prescribed by the commissioner.
(g) Once the child-placing agency has determined that
placement with an identified parent is in the child's best interest and has
made full written disclosure about the child's social and medical history, the
agency must ask the prospective adoptive parent if they are willing to adopt
the child without adoption assistance.
If the identified parent is either unwilling or unable to adopt the
child without adoption assistance, the child-placing agency must provide
documentation as prescribed by the commissioner to fulfill the requirement to
make a reasonable effort to place the child without adoption assistance. If the identified parent desires to adopt the
child without adoption assistance, the parent must provide a written statement
to this effect to the child-placing agency and the statement must be maintained
in the permanent adoption record of the child-placing agency. For children under guardianship of the
commissioner, the child-placing agency shall submit a copy of this statement to
the commissioner to be maintained in the permanent adoption record.
Subd. 3.
Citizenship and immigration
status. (a) A child must be a
citizen of the United States or otherwise eligible for federal public benefits
according to the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996, as amended, in order to be eligible for the title IV-E Adoption
Assistance Program.
(b) A child must be a citizen of the United States or
meet the qualified alien requirements as defined in the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996, as amended, in order to be
eligible for state-funded adoption assistance.
Subd. 4.
Background study. (a) A background study under section
259.41 must be completed on each prospective adoptive parent. An adoptive parent is prohibited from receiving
adoption assistance on behalf of an otherwise eligible child if the background
study reveals:
(1) a felony conviction at any time for:
(i) child abuse or neglect;
(ii) spousal abuse;
(iii) a crime against children, including child
pornography; or
(iv) a crime involving violence, including rape, sexual
assault, or homicide, but not including other physical assault or battery; or
(2) a felony conviction within the past five years for:
(i) physical assault;
(ii) battery; or
(iii) a drug-related offense.
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7869
Subd. 5. Responsibility for determining adoption
assistance eligibility. The
state will determine eligibility for:
(1) a Minnesota child under the guardianship of the
commissioner who would otherwise remain in foster care;
(2) a child who is not under the guardianship of the
commissioner who meets title IV-E eligibility defined in section 473 of the
Social Security Act and no state agency has
legal responsibility for placement and care of the child;
(3) a Minnesota child under tribal jurisdiction who
would otherwise remain in foster care; and
(4) an Indian child being placed in Minnesota who meets
title IV-E eligibility defined in section 473 of the Social Security Act. The agency or entity assuming responsibility
for the child is responsible for the nonfederal share of the adoption assistance
payment.
Subd. 6.
Exclusions. The commissioner shall not enter into
an adoption assistance agreement with:
(1) a child's biological parent or stepparent;
(2) a child's relative, according to section 260C.007,
subdivision 27, with whom the child resided immediately prior to child welfare
involvement unless:
(i) the child was in the custody of a Minnesota county or
tribal agency pursuant to an order under chapter 260C or equivalent provisions
of tribal code and the agency had placement and care responsibility for
permanency planning for the child; and
(ii) the child is under guardianship of the commissioner
of human services according to the requirements of section 260C.325,
subdivision 1, paragraphs (a) and (b), or subdivision 3, paragraphs (a) and
(b), or is a ward of a Minnesota tribal court after termination of parental
rights, suspension of parental rights, or a finding by the tribal court that
the child cannot safely return to the care of the parent;
(3) a child's legal custodian or guardian who is now
adopting the child;
(4) an individual adopting a child who is the subject of
a direct adoptive placement under section 259.47 or the equivalent in tribal
code; or
(5) an individual who is adopting a child who is not a
citizen or resident of the United States and was either adopted in another
country or brought to this country for the purposes of adoption.
Sec. 4. [259A.15] ESTABLISHMENT OF ADOPTION
ASSISTANCE ELIGIBILITY.
Subdivision 1.
Adoption assistance
certification. (a) The
child-placing agency shall certify a child as eligible for adoption assistance
according to requirements and procedures, and on forms prescribed by the
commissioner. Documentation from a
qualified expert must be provided to verify that a child meets the special
needs criteria in section 259A.10, subdivision 2.
(b) Expert documentation of a disability is limited to
evidence deemed appropriate by the commissioner and must be submitted with the
certification. Examples of appropriate
documentation include, but are not limited to, medical records, psychological
assessments, educational or early childhood evaluations, court findings, and
social and medical history.
(c) Documentation that the child is an at-risk child
must be submitted according to requirements and procedures prescribed by the commissioner.
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Subd. 2. Adoption
assistance agreement. (a) An
adoption assistance agreement is a binding contract between the adopting
parent, the child-placing agency, and the commissioner. The agreement outlines the benefits to be
provided on behalf of an eligible child.
(b) In order to receive adoption assistance
benefits, a written agreement on a form prescribed by the commissioner must be
signed by the parent, an approved representative from the child-placing agency,
and the commissioner prior to the effective date of the adoption decree. No later than 30 days after the parent is
approved for the adoptive placement, the agreement must be negotiated with the
parent as required in section 259A.25, subdivision 1. Adoption assistance must be approved or
denied by the commissioner no later than 15 business days after the receipt of
a complete adoption assistance application prescribed by the commissioner. A fully executed copy of the signed agreement
must be given to each party. Termination
or disruption of the adoptive placement preceding adoption finalization makes
the agreement with that parent void.
(c) The agreement must specify the
following:
(1) duration of the agreement;
(2) the nature and amount of any
payment, services, and assistance to be provided under the agreement;
(3) the child's eligibility for
Medicaid services;
(4) the terms of the payment;
(5) eligibility for reimbursement of
nonrecurring expenses associated with adopting the child, to the extent that
the total cost does not exceed $2,000 per child;
(6) that the agreement will remain in
effect regardless of the state in which the adoptive parent resides at any
given time;
(7) provisions for modification of the
terms of the agreement; and
(8) the effective date of the
agreement.
(d) The agreement is effective on the
date of the adoption decree.
Subd. 3. Assessment
tool. An assessment tool
prescribed by the commissioner must be completed for any child who has a
documented disability that necessitates care, supervision, and structure beyond
that ordinarily provided in a family setting to children of the same age. This assessment tool must be submitted with
the adoption assistance certification and establishes eligibility for the
amount of assistance requested.
Sec. 5. [259A.20]
BENEFITS AND PAYMENTS.
Subdivision 1. General
information. (a) Payments to
parents under adoption assistance must be made monthly.
(b) Payments must commence when the
commissioner receives the adoption decree from the court, the child-placing
agency, or the parent. Payments must be made
according to requirements and procedures prescribed by the commissioner.
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(c) Payments shall only be made to the
adoptive parent specified on the agreement.
If there is more than one adoptive parent, both parties must be listed
as the payee unless otherwise specified in writing according to requirements
and procedures prescribed by the commissioner.
(d) Payment must be considered income
and resource attributable to the child.
Payment must not be assigned or transferred to another party. Payment is exempt from garnishment, except as
permissible under the laws of the state where the child resides.
Subd. 2. Medical
assistance eligibility. Eligibility
for medical assistance for children receiving adoption assistance is as
specified in section 256B.055.
Subd. 3. Payments. (a) The basic maintenance payments
must be made according to the following schedule for all children except those
eligible for adoption assistance based on being an at-risk child:
|
Birth through age five |
up to $247 per month |
|
Age six through age 11 |
up to $277 per month |
|
Age 12 through age 14 |
up to $307 per month |
|
Age 15 and older |
up to $337 per month |
A child must receive the maximum
payment amount for the child's age, unless a lesser amount is negotiated with
and agreed to by the prospective adoptive parent.
(b) Supplemental needs payments, in addition
to basic maintenance payments, are available based on the severity of a child's
disability and the level of parenting required to care for the child, and must
be made according to the following amounts:
|
Level I |
up to $150 per month |
|
Level II |
up to $275 per month |
|
Level III |
up to $400 per month |
|
Level IV |
up to $500 per month |
A child's level shall be assessed on an
assessment tool prescribed by the commissioner.
A child must receive the maximum payment for the child's assessed level,
unless a lesser amount is negotiated with and agreed to by the prospective
adoptive parent.
Subd. 4. Reimbursement
for special nonmedical expenses. (a)
Reimbursement for special nonmedical expenses is available to children, except
those eligible for adoption assistance based on being an at-risk child.
(b) Reimbursements under this paragraph
shall be made only after the adoptive parent documents that the requested
service was denied by the local social service agency, community agencies,
local school district, local public health department, the parent's insurance
provider, or the child's program. The
denial must be for an eligible service or qualified item under the program
requirements of the applicable agency or organization.
(c) Reimbursements must be previously
authorized, adhere to the requirements and procedures prescribed by the
commissioner, and be limited to:
(1) child care for a child age 12 and younger,
or for a child age 13 or 14 who has a documented disability that requires
special instruction for and services by the child care provider. Child care reimbursements may be made if all
available adult caregivers are employed or attending educational or vocational
training programs. If a parent is
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attending an educational or vocational
training program, child care reimbursement is limited to no more than the time
necessary to complete the credit requirements for an associate or baccalaureate
degree as determined by the educational institution. Child care reimbursement is not limited for
an adoptive parent completing basic or remedial education programs needed to
prepare for postsecondary education or employment;
(2) respite care provided for the
relief of the child's parent up to 504 hours of respite care annually;
(3) camping up to 14 days per state
fiscal year for a child to attend a special needs camp. The camp must be accredited by the American
Camp Association as a special needs camp in order to be eligible for camp
reimbursement;
(4) postadoption counseling to promote
the child's integration into the adoptive family that is provided by the
placing agency during the first year following the date of the adoption
decree. Reimbursement is limited to 12
sessions of postadoption counseling;
(5) family counseling that is required
to meet the child's special needs.
Reimbursement is limited to the prorated portion of the counseling fees
allotted to the family when the adoptive parent's health insurance or Medicaid
pays for the child's counseling but does not cover counseling for the rest of
the family members;
(6) home modifications to accommodate
the child's special needs upon which eligibility for adoption assistance was
approved. Reimbursement is limited to
once every five years per child;
(7) vehicle modifications to
accommodate the child's special needs upon which eligibility for adoption
assistance was approved. Reimbursement
is limited to once every five years per family; and
(8) burial expenses up to $1,000, if
the special needs, upon which eligibility for adoption assistance was approved,
resulted in the death of the child.
(d) The adoptive parent shall submit
statements for expenses incurred between July 1 and June 30 of a given fiscal
year to the state adoption assistance unit within 60 days after the end of the
fiscal year in order for reimbursement to occur.
Sec. 6. [259A.25]
DETERMINATION OF ADOPTION ASSISTANCE BENEFITS AND PAYMENT.
Subdivision 1. Negotiation
of adoption assistance agreement. (a)
A monthly payment is provided as part of the adoption assistance agreement to support
the care of a child who has manifested special needs. The amount of the payment made on behalf of a
child eligible for adoption assistance is determined through negotiation
between the adoptive parent and the child-placing agency on behalf of the commissioner. The negotiation shall take into consideration
the circumstances of the adopting parent and the needs of the child being
adopted. The income of the adoptive
parent must not be taken into consideration when determining eligibility for
adoption assistance or the amount of the payments under section 259A.20. At the written request of the adoptive
parent, the amount of the payment in the agreement may be renegotiated when
there is a change in the child's needs or the family's circumstances.
(b) The adoption assistance agreement
of a child who is identified as an at-risk child must not include a monthly
payment unless and until the potential disability upon which the eligibility
for the agreement was based has manifested during childhood.
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Subd. 2.
Renegotiation of adoption
assistance agreement. (a) An
adoptive parent of a child with an adoption assistance agreement may request
renegotiation of the agreement when there is a change in the needs of the child
or in the family's circumstances. When
an adoptive parent requests renegotiation of the agreement, a reassessment of
the child must be completed by: (1) the
responsible social services agency in the child's county of residence; or (2)
the child-placing agency that facilitated the adoption when the child's residence
is out of state. If the reassessment
indicates that the child's needs have changed, the child-placing agency, on
behalf of the commissioner and the parent, shall renegotiate the agreement to
include a payment of the level determined appropriate through the reassessment
process using the assessment tool prescribed by the commissioner according to
section 259A.15, subdivision 3. The
agreement must not be renegotiated unless the commissioner and the parent
mutually agree to the changes. The
effective date of any renegotiated agreement must be determined according to
requirements and procedures prescribed by the commissioner.
(b) An adoptive parent of a child with an adoption
assistance agreement based on the child being an at-risk child may request
renegotiation of the agreement to include a monthly payment. The parent must have written documentation
from a qualified expert that the potential disability upon which eligibility
for adoption assistance was approved has manifested. Documentation of the disability must be
limited to evidence deemed appropriate by the commissioner. Prior to renegotiating the agreement, a
reassessment of the child must be conducted using an assessment tool prescribed
by the commissioner according to section 259A.15, subdivision 3. The reassessment must be used to renegotiate
the agreement to include an appropriate monthly payment. The agreement must not be renegotiated unless
the commissioner and the adoptive parent mutually agree to the changes. The effective date of any renegotiated
agreement must be determined according to requirements and procedures
prescribed by the commissioner.
Subd. 3.
Child income or income
attributable to the child. No
income received by a child will be considered in determining a child's adoption
assistance payment amount. If a child
for whom a parent is receiving adoption assistance is also receiving
Supplemental Security Income (SSI) or Retirement, Survivors, Disability
Insurance (RSDI), the certifying agency shall inform the adoptive parent that
the child's adoption assistance must be reported to the Social Security
Administration.
Sec. 7. [259A.30] REPORTING RESPONSIBILITIES.
Subdivision 1.
Notification of change. (a) An adoptive parent who has an
adoption assistance agreement shall keep the agency administering the program
informed of changes in status or circumstances that would make the child
ineligible for the payments or eligible for payments in a different amount.
(b) As long as the agreement is in effect, the adoptive
parent agrees to notify the agency administering the program in writing within
30 days of any of the following changes:
(1) the child's or adoptive parent's legal name;
(2) the family's address;
(3) the child's legal custody status;
(4) the child's completion of high school, if this
occurs after the child attains age 18;
(5) the end of an adoptive parent's legal responsibility
to support the child based on:
termination of parental rights of the adoptive parent, transfer of
guardianship to another person, or transfer of permanent legal and physical
custody to another person;
(6) the end of an adoptive parent's financial support of
the child;
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(7) the death of the child;
(8) the death of the adoptive parent;
(9) the child enlists in the military;
(10) the child gets married;
(11) the child becomes an emancipated
minor through legal action;
(12) the adoptive parents separate or
divorce;
(13) the child is residing outside the
adoptive home for a period of more than 30 consecutive days; and
(14) the child's status upon which
eligibility for extension under section 259A.45, subdivision 2 or 3, was based.
Subd. 2. Correct
and true information. If the
adoptive parent reports information the adoptive parent knows is untrue, the
adoptive parent fails to notify the commissioner of changes that may affect
eligibility, or the agency administering the program receives information the
adoptive parent did not report, the adoptive parent may be investigated for
theft and, if charged and convicted, shall be sentenced under section 609.52,
subdivision 3, clauses (1) to (5).
Sec. 8. [259A.35]
TERMINATION OF AGREEMENT.
Subdivision 1. Reasons
for termination. (a) An
adoption assistance agreement shall terminate in any of the following
circumstances:
(1) the child has attained the age of
18, or up to age 21, when the child meets a condition for extension as outlined
in section 259A.45, subdivision 1;
(2) the child has not attained the age
of 18, but the commissioner determines the adoptive parent is no longer legally
responsible for support of the child;
(3)
the commissioner determines the adoptive parent is no longer providing financial
support to the child up to age 21;
(4) the death of the child; or
(5) the adoptive parent requests in
writing termination of the adoption assistance agreement.
(b) An adoptive parent is considered no
longer legally responsible for support of the child in any of the following
circumstances:
(1) parental rights to the child are
legally terminated or a court accepted the parent's consent to adoption under
chapter 260C;
(2) permanent legal and physical
custody or guardianship of the child is transferred to another individual;
(3) death of adoptive parent;
(4) child enlists in the military;
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(5) child gets married; or
(6) child is determined an emancipated minor through
legal action.
Subd. 2.
Death of adoptive parent or
adoption dissolution. The
adoption assistance agreement ends upon death or termination of parental rights
of both adoptive parents in the case of a two-parent adoption, or the sole
adoptive parent in the case of a single-parent adoption. The child's adoption assistance eligibility
may be continued according to section 259A.40.
Subd. 3. Termination
notice for parent. The
commissioner shall provide the child's parent written notice of termination of
payment. Termination notices must be
sent according to the requirements and procedures prescribed by the
commissioner.
Sec. 9. [259A.40] ASSIGNMENT OF ADOPTION
ASSISTANCE AGREEMENT.
Subdivision 1.
Continuing child's eligibility
for title IV-E adoption assistance in a subsequent adoption. (a) The child maintains eligibility for
title IV-E adoption assistance in a subsequent adoption if the following
criteria are met:
(1) the child is determined to be a child with special
needs as outlined in section 259A.10, subdivision 2; and
(2) the subsequent adoptive parent resides in Minnesota.
(b) If the child had a title IV-E adoption assistance
agreement prior to the death of the adoptive parent or dissolution of the
adoption, and the subsequent adoptive parent resides outside of Minnesota, the
state is not responsible for determining whether the child meets the definition
of special needs, entering into the adoption assistance agreement, and making
any adoption assistance payments outlined in the new agreement unless a state
agency in Minnesota has responsibility for placement and care of the child at
the time of the subsequent adoption. If
there is no state agency in Minnesota that has responsibility for placement and
care of the child at the time of the subsequent adoption, it is the public child
welfare agency in the subsequent adoptive parent's residence that is
responsible for determining whether the child meets the definition of special
needs and entering into the adoption assistance agreement.
Subd. 2.
Assigning a child's adoption
assistance to a court-appointed guardian.
(a) State-funded adoption assistance may be continued with the
written consent of the commissioner to an individual who is a guardian
appointed by a court for the child upon the death of both the adoptive parents
in the case of a two-parent adoption, or the sole adoptive parent in the case
of a single-parent adoption, unless the child is under the custody of a
child-placing agency.
(b) Temporary assignment of adoption assistance may be
approved by the commissioner for a maximum of six consecutive months from the
death of the parent or parents and must adhere to the requirements and
procedures prescribed by the commissioner.
If, within six months, the child has not been adopted by a person agreed
upon by the commissioner, or if a court has not appointed a legal guardian
under either section 260C.325 or 524.5-313, or similar law of another
jurisdiction, the adoption assistance shall terminate. Upon assignment of payments pursuant to this
subdivision, funding shall be from state funds only.
Sec. 10. [259A.45] EXTENSION OF ADOPTION
ASSISTANCE AGREEMENT.
Subdivision 1.
General requirements. (a) Under certain limited
circumstances a child may qualify for extension of the adoption assistance
agreement beyond the date the child attains age 18, up to the date the child
attains the age of 21.
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(b) A request for extension of the
adoption assistance agreement must be completed in writing and submitted,
including all supporting documentation, by the adoptive parent at least 60
calendar days prior to the date that the current agreement will terminate.
(c) A signed amendment to the current
adoption assistance agreement must be fully executed between the adoptive
parent and the commissioner at least ten business days prior to the termination
of the current agreement. The request
for extension and the fully executed amendment must be made according to the
requirements and procedures prescribed by the commissioner, including
documentation of eligibility, and on forms prescribed by the commissioner.
(d) If a child-placing agency is
certifying a child for adoption assistance and the child will attain the age of
18 within 60 calendar days of submission, the request for extension must be
completed in writing and submitted, including all supporting documentation,
with the adoption assistance application.
Subd. 2. Extension
past age 18 for child adopted after 16th birthday. A child who has attained the age of 16
prior to finalization of the child's adoption is eligible for extension of the
adoption assistance agreement up to the date the child attains age 21 if the
child is:
(1) dependent on the adoptive parent
for care and financial support; and
(2)(i) completing a secondary education
program or a program leading to an equivalent credential;
(ii) enrolled in an institution that
provides postsecondary or vocational education;
(iii) participating in a program or
activity designed to promote or remove barriers to employment;
(iv) employed for at least 80 hours per
month; or
(v) incapable of doing any of the
activities described in clauses (i) to (iv) due to a medical condition where
incapability is supported by documentation from an expert according to the requirements
and procedures prescribed by the commissioner.
Subd. 3. Extension
past age 18 for child adopted prior to 16th birthday. A child who has not attained the age
of 16 prior to finalization of the child's adoption is eligible for extension
of the adoption assistance agreement up to the date the child attains the age
of 21 if the child is:
(1) dependent on the adoptive parent
for care and financial support; and
(2)(i) enrolled in a secondary education
program or a program leading to the equivalent; or
(ii) incapable of sustaining employment
because of the continuation of a physical or mental disability, upon which
eligibility for adoption assistance was approved.
Sec. 11. [259A.50]
OVERPAYMENTS OF ADOPTION ASSISTANCE.
An amount of adoption assistance paid
to an adoptive parent in excess of the payment that was actually due is
recoverable by the commissioner, even when the overpayment was caused by agency
error or circumstances outside the responsibility and control of the parent or
provider. Adoption assistance amounts
covered by this section include basic maintenance needs payments, monthly
supplemental maintenance needs payments, reimbursement of nonrecurring adoption
expenses, reimbursement of special nonmedical costs, and reimbursement of
medical costs.
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Sec. 12. [259A.55]
APPEALS AND FAIR HEARINGS.
Subdivision 1. Appeals
for denials, modifications, or terminations. An adoptive parent or a prospective
adoptive parent has the right to appeal to the commissioner under section
256.045, for reasons including, but not limited to: when eligibility for adoption assistance is
denied, when a specific payment or reimbursement is modified or denied, and
when the agreement for an eligible child is terminated. A prospective adoptive parent who disagrees
with a decision by the commissioner prior to finalization of the adoption may
request review of the decision by the commissioner, or may appeal the decision
under section 256.045.
Subd. 2. Extenuating
circumstances. (a) An
adoption assistance agreement must be signed and fully executed prior to the court
order that finalizes the adoption. An
adoptive parent who believes that extenuating circumstances exist, as to why
the adoption was finalized prior to fully executing an adoption assistance
agreement, may request a fair hearing.
The parent has the responsibility to prove the existence of extenuating
circumstances, such as:
(1) relevant facts regarding the child
were known by the child-placing agency and not presented to the parent prior to
finalization of the adoption; or
(2) the child-placing agency failed to
advise a potential parent about the availability of adoption assistance for a
child in the county-paid foster care system.
(b) If an appeals judge finds through
the fair hearing process that extenuating circumstances existed and that the
child met all eligibility criteria at the time the adoption was finalized, the
effective date and any associated federal financial participation shall be
retroactive to the date of the request for a fair hearing.
Sec. 13. [259A.65]
INTERSTATE COMPACT ON ADOPTION AND MEDICAL ASSISTANCE.
Subdivision 1. Purpose. It is the purpose and policy of the
state of Minnesota to:
(1) enter into interstate agreements
with agencies of other states to safeguard and protect the interests of children
covered by an adoption assistance agreement when they are adopted across state
lines or move to another state after adoption finalization; and
(2) provide a framework for uniformity
and consistency in administrative procedures when a child with special needs is
adopted by a family in another state and for children adopted in Minnesota who
move to another state.
Subd. 2. Definitions. For the purposes of this section, the
terms defined in this subdivision have the meanings given them, unless the context
clearly indicates otherwise.
(a) "Adoption assistance
state" means the state that certifies eligibility for Medicaid in an
adoption assistance agreement.
(b) "Resident state" means
the state where the adopted child is a resident.
(c) "State" means a state of
the United States, the District of Columbia, the Commonwealth of Puerto Rico,
the United States Virgin Islands, Guam, the Commonwealth of the Northern
Mariana Islands, or a territory or possession of the United States.
Subd. 3. Compacts
authorized. The commissioner
is authorized to develop, negotiate, and enter into one or more interstate
compacts on behalf of this state with other states to implement Medicaid for
children with adoption assistance agreements.
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Subd. 4. Contents
of compacts. (a) A compact
must include:
(1) a provision allowing all states to
join the compact;
(2) a provision for withdrawal from the
compact upon written notice to the parties, effective one year after the notice
is provided;
(3) a requirement that the protections
afforded under the compact continue in force for the duration of the adoption
assistance from a party state other than the one in which the adopted child is
a resident;
(4) a requirement that each instance of
adoption assistance to which the compact applies be covered by an adoption assistance
agreement in writing between the adoptive parent and the state child welfare
agency of the state that provides the adoption assistance, and that the
agreement be expressly for the benefit of the adopted child and enforceable by
the adoptive parent and the state agency providing the adoption assistance; and
(5) other provisions necessary and
appropriate for the proper administration of the compact.
(b) A compact may contain provisions
establishing requirements and entitlements to medical, developmental, child
care, or other social services for the child under state law, even though the
child and the adoptive parent are in a state other than the one responsible for
or providing the services or funds to pay part or all of the costs.
Subd. 5. Duties
of commissioner of human services regarding medical assistance. (a) The commissioner of human services
shall:
(1) provide Minnesota medical
assistance for an adopted child who is title IV-E eligible;
(2) provide Minnesota medical
assistance for an adopted child who is not title IV-E eligible who:
(i) was determined to have a special
need for medical or rehabilitative care;
(ii) is living in another state; and
(iii) is covered by an adoption
assistance agreement made by the commissioner for medical coverage or benefits
when the child is not eligible for Medicaid in the child's residence state;
(3) consider the holder of a medical
assistance identification card under this subdivision as any other recipient of
medical assistance under chapter 256B; and
(4) process and make payments on claims
for the recipient in the same manner as for other recipients of medical
assistance.
(b) Coverage must be limited to
providers authorized by Minnesota's medical assistance program, and according
to Minnesota's program requirements.
Subd. 6. Cooperation
with Medicaid. The adoptive
parent shall cooperate with and abide by the Medicaid program requirements and
procedures of the state which provides medical coverage.
Subd. 7. Federal
participation. The commissioner
shall apply for and administer all relevant aid in accordance with state and
federal law.
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Sec. 14. [259A.70] REIMBURSEMENT OF NONRECURRING
ADOPTION EXPENSES.
(a) The commissioner of human services shall provide
reimbursement to an adoptive parent for costs incurred in an adoption of a
child with special needs according to section 259A.10, subdivision 2. Reimbursement shall be made for expenses that
are reasonable and necessary for the adoption to occur, subject to a maximum of
$2,000. The expenses must directly
relate to the legal adoption of the child, not be incurred in violation of
state or federal law, and must not have been reimbursed from other sources or
funds.
(b) Children who have special needs but are not citizens
or residents of the United States and were either adopted in another country or
brought to this country for the purposes of adoption are categorically
ineligible for this reimbursement program, except if the child meets the eligibility
criteria after the dissolution of the international adoption.
(c) An adoptive parent, in consultation with the
responsible child-placing agency, may request reimbursement of nonrecurring
adoption expenses by submitting a complete application, according to the
requirements and procedures and on forms prescribed by the commissioner.
(d) The commissioner shall determine the child's
eligibility for adoption expense reimbursement under title IV-E of the Social
Security Act, United States Code, title 42, sections 670 to 676. If determined eligible, the commissioner of
human services shall sign the agreement for nonrecurring adoption expense
reimbursement, making this a fully executed agreement. To be eligible, the agreement must be fully
executed prior to the child's adoption finalization.
(e) An adoptive parent who has an adoption assistance
agreement under section 259A.15, subdivision 2, is not required to make a
separate application for reimbursement of nonrecurring adoption expenses for
the child who is the subject of that agreement.
(f) If determined eligible, the adoptive parent shall
submit reimbursement requests within 21 months of the date of the child's
adoption decree, and according to requirements and procedures prescribed by the
commissioner.
Sec. 15. [259A.75] REIMBURSEMENT OF CERTAIN
AGENCY COSTS; PURCHASE OF SERVICE CONTRACTS.
Subdivision 1.
General information. (a) Subject to the procedures required
by the commissioner and the provisions of this section, a Minnesota county or
tribal social services agency shall receive a reimbursement from the
commissioner equal to 100 percent of the reasonable and appropriate cost for
contracted adoption placement services identified for a specific child that are
not reimbursed under other federal or state funding sources.
(b) The commissioner may spend up to $16,000 for each
purchase of service contract. Only one
contract per child per adoptive placement is permitted. Funds encumbered and obligated under the
contract for the child remain available until the terms of the contract are
fulfilled or the contract is terminated.
(c) The commissioner shall set aside an amount not to
exceed five percent of the total amount of the fiscal year appropriation from
the state for the adoption assistance program to reimburse placing agencies for
child-specific adoption placement services.
When adoption assistance payments for children's needs exceed 95 percent
of the total amount of the fiscal year appropriation from the state for the
adoption assistance program, the amount of reimbursement available to placing
agencies for adoption services is reduced correspondingly.
Subd. 2.
Child eligibility criteria. (a) A child who is the subject of a
purchase of service contract must:
(1) have the goal of adoption, which may include an
adoption in accordance with tribal law;
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(2) be under the guardianship of the
commissioner of human services or be a ward of tribal court pursuant to section
260.755, subdivision 20; and
(3) meet all of the special needs
criteria according to section 259A.10, subdivision 2.
(b) A child under the guardianship of
the commissioner must have an identified adoptive parent and a fully executed
adoption placement agreement according to section 260C.613, subdivision 1,
paragraph (a).
Subd. 3. Agency
eligibility criteria. (a) A
Minnesota county or tribal social services agency shall receive reimbursement
for child-specific adoption placement services for an eligible child that it
purchases from a private adoption agency licensed in Minnesota or any other
state or tribal social services agency.
(b) Reimbursement for adoption services
is available only for services provided prior to the date of the adoption
decree.
Subd. 4. Application
and eligibility determination. (a)
A county or tribal social services agency may request reimbursement of costs
for adoption placement services by submitting a complete purchase of service
application, according to the requirements and procedures and on forms
prescribed by the commissioner.
(b) The commissioner shall determine
eligibility for reimbursement of adoption placement services. If determined eligible, the commissioner of
human services shall sign the purchase of service agreement, making this a
fully executed contract. No reimbursement
under this section shall be made to an agency for services provided prior to
the fully executed contract.
(c) Separate purchase of service
agreements shall be made, and separate records maintained, on each child. Only one agreement per child per adoptive
placement is permitted. For siblings who
are placed together, services shall be planned and provided to best maximize
efficiency of the contracted hours.
Subd. 5. Reimbursement
process. (a) The agency
providing adoption services is responsible to track and record all service
activity, including billable hours, on a form prescribed by the
commissioner. The agency shall submit
this form to the state for reimbursement after services have been completed.
(b) The commissioner shall make the
final determination whether or not the requested reimbursement costs are
reasonable and appropriate and if the services have been completed according to
the terms of the purchase of service agreement.
Subd. 6. Retention
of purchase of service records. Agencies
entering into purchase of service contracts shall keep a copy of the agreements,
service records, and all applicable billing and invoicing according to the
department's record retention schedule.
Agency records shall be provided upon request by the commissioner.
Sec. 16. EFFECTIVE
DATE.
This article is effective August 1,
2012.
ARTICLE 4
CHILD PROTECTION
Section 1. Minnesota Statutes 2010, section 260.012, is amended to read:
260.012
DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY REUNIFICATION; REASONABLE
EFFORTS.
(a) Once a child alleged to be in need of protection or services is under the court's jurisdiction, the court shall ensure that reasonable efforts, including culturally appropriate services, by the social services agency are made to prevent placement or to eliminate the need for removal and to reunite the child with the child's family at the earliest
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possible time, and the court must ensure that the responsible social services agency makes reasonable efforts to finalize an alternative permanent plan for the child as provided in paragraph (e). In determining reasonable efforts to be made with respect to a child and in making those reasonable efforts, the child's best interests, health, and safety must be of paramount concern. Reasonable efforts to prevent placement and for rehabilitation and reunification are always required except upon a determination by the court that a petition has been filed stating a prima facie case that:
(1) the parent has subjected a child to egregious harm as defined in section 260C.007, subdivision 14;
(2) the parental rights of the parent to another child have been terminated involuntarily;
(3) the child is an abandoned infant under section 260C.301, subdivision 2, paragraph (a), clause (2);
(4) the parent's custodial rights to another child have been
involuntarily transferred to a relative under section 260C.201, subdivision 11,
paragraph (d), clause (1), or a similar law of another jurisdiction; or
(5) the parent has committed sexual abuse as defined in
section 626.556, subdivision 2, against the child or another child of the
parent;
(6) the parent has committed an offense that requires
registration as a predatory offender under section 243.166, subdivision 1b,
paragraph (a) or (b); or
(5) (7) the provision of services or further
services for the purpose of reunification is futile and therefore unreasonable
under the circumstances.
(b) When the court makes one of the prima facie determinations under paragraph (a), either permanency pleadings under section 260C.201, subdivision 11, or a termination of parental rights petition under sections 260C.141 and 260C.301 must be filed. A permanency hearing under section 260C.201, subdivision 11, must be held within 30 days of this determination.
(c) In the case of an Indian child, in proceedings under sections 260B.178 or 260C.178, 260C.201, and 260C.301 the juvenile court must make findings and conclusions consistent with the Indian Child Welfare Act of 1978, United States Code, title 25, section 1901 et seq., as to the provision of active efforts. In cases governed by the Indian Child Welfare Act of 1978, United States Code, title 25, section 1901, the responsible social services agency must provide active efforts as required under United States Code, title 25, section 1911(d).
(d) "Reasonable efforts to prevent placement" means:
(1) the agency has made reasonable efforts to prevent the placement of the child in foster care by working with the family to develop and implement a safety plan; or
(2) given the particular circumstances of the child and family at the time of the child's removal, there are no services or efforts available which could allow the child to safely remain in the home.
(e) "Reasonable efforts to finalize a permanent plan for the child" means due diligence by the responsible social services agency to:
(1) reunify the child with the parent or guardian from whom the child was removed;
(2) assess a noncustodial parent's ability to provide day-to-day care for the child and, where appropriate, provide services necessary to enable the noncustodial parent to safely provide the care, as required by section 260C.212, subdivision 4;
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(3) conduct a relative search to identify and provide notice to adult relatives as required under section 260C.212, subdivision 5;
(4) place siblings removed from their home in the same home for foster care or adoption, or transfer permanent legal and physical custody to a relative. Visitation between siblings who are not in the same foster care, adoption, or custodial placement or facility shall be consistent with section 260C.212, subdivision 2; and
(5) when the child cannot return to the parent or guardian from whom the child was removed, to plan for and finalize a safe and legally permanent alternative home for the child, and considers permanent alternative homes for the child inside or outside of the state, preferably through adoption or transfer of permanent legal and physical custody of the child.
(f) Reasonable efforts are made upon the exercise of due diligence by the responsible social services agency to use culturally appropriate and available services to meet the needs of the child and the child's family. Services may include those provided by the responsible social services agency and other culturally appropriate services available in the community. At each stage of the proceedings where the court is required to review the appropriateness of the responsible social services agency's reasonable efforts as described in paragraphs (a), (d), and (e), the social services agency has the burden of demonstrating that:
(1) it has made reasonable efforts to prevent placement of the child in foster care;
(2) it has made reasonable efforts to eliminate the need for removal of the child from the child's home and to reunify the child with the child's family at the earliest possible time;
(3) it has made reasonable efforts to finalize an alternative permanent home for the child, and considers permanent alternative homes for the child inside or outside of the state; or
(4) reasonable efforts to prevent placement and to reunify the child with the parent or guardian are not required. The agency may meet this burden by stating facts in a sworn petition filed under section 260C.141, by filing an affidavit summarizing the agency's reasonable efforts or facts the agency believes demonstrate there is no need for reasonable efforts to reunify the parent and child, or through testimony or a certified report required under juvenile court rules.
(g) Once the court determines that reasonable efforts for
reunification are not required because the court has made one of the prima
facie determinations under paragraph (a), the court may only require reasonable
efforts for reunification after a hearing according to section 260C.163, where
the court finds there is not clear and convincing evidence of the facts upon
which the court based its prima facie determination. In this case when there is clear and
convincing evidence that the child is in need of protection or services, the
court may find the child in need of protection or services and order any of the
dispositions available under section 260C.201, subdivision 1. Reunification of a surviving child
with a parent is not required if the parent has been convicted of:
(1) a violation of, or an attempt or conspiracy to commit a violation of, sections 609.185 to 609.20; 609.222, subdivision 2; or 609.223 in regard to another child of the parent;
(2) a violation of section 609.222, subdivision 2; or
609.223, in regard to the surviving child; or
(3) a violation of, or an attempt or conspiracy to commit a
violation of, United States Code, title 18, section 1111(a) or 1112(a), in
regard to another child of the parent.;
(4) committing sexual abuse as defined in section
626.556, subdivision 2, against the child or another child of the parent; or
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(5) an offense that requires
registration as a predatory offender under section 243.166, subdivision 1b,
paragraph (a) or (b).
(h) The juvenile court, in proceedings under sections 260B.178 or 260C.178, 260C.201, and 260C.301 shall make findings and conclusions as to the provision of reasonable efforts. When determining whether reasonable efforts have been made, the court shall consider whether services to the child and family were:
(1) relevant to the safety and protection of the child;
(2) adequate to meet the needs of the child and family;
(3) culturally appropriate;
(4) available and accessible;
(5) consistent and timely; and
(6) realistic under the circumstances.
In the alternative, the court may determine that provision of services or further services for the purpose of rehabilitation is futile and therefore unreasonable under the circumstances or that reasonable efforts are not required as provided in paragraph (a).
(i) This section does not prevent out-of-home placement for treatment of a child with a mental disability when it is determined to be medically necessary as a result of the child's diagnostic assessment or individual treatment plan indicates that appropriate and necessary treatment cannot be effectively provided outside of a residential or inpatient treatment program and the level or intensity of supervision and treatment cannot be effectively and safely provided in the child's home or community and it is determined that a residential treatment setting is the least restrictive setting that is appropriate to the needs of the child.
(j) If continuation of reasonable efforts to prevent placement or reunify the child with the parent or guardian from whom the child was removed is determined by the court to be inconsistent with the permanent plan for the child or upon the court making one of the prima facie determinations under paragraph (a), reasonable efforts must be made to place the child in a timely manner in a safe and permanent home and to complete whatever steps are necessary to legally finalize the permanent placement of the child.
(k) Reasonable efforts to place a child for adoption or in another permanent placement may be made concurrently with reasonable efforts to prevent placement or to reunify the child with the parent or guardian from whom the child was removed. When the responsible social services agency decides to concurrently make reasonable efforts for both reunification and permanent placement away from the parent under paragraph (a), the agency shall disclose its decision and both plans for concurrent reasonable efforts to all parties and the court. When the agency discloses its decision to proceed on both plans for reunification and permanent placement away from the parent, the court's review of the agency's reasonable efforts shall include the agency's efforts under both plans.
Sec. 2. Minnesota Statutes 2010, section 260C.001, is amended to read:
260C.001
TITLE, INTENT, AND CONSTRUCTION.
Subdivision 1. Citation;
scope. (a) Sections
260C.001 to 260C.451 260C.521 may be cited as the child juvenile
protection provisions of the Juvenile Court Act.
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(b) Juvenile protection proceedings
include:
(1) a child in need of protection or
services matters;
(2) permanency matters, including
termination of parental rights;
(3) postpermanency reviews under
sections 260C.317 and 260C.521; and
(4) adoption matters including
posttermination of parental rights proceedings that review the responsible
social services agency's reasonable efforts to finalize adoption.
Subd. 2. Child
in need of Juvenile protection services proceedings. (a) The paramount consideration in all juvenile
protection proceedings concerning a child alleged or found to be in need
of protection or services is the health, safety, and best interests of the
child. In proceedings involving an
American Indian child, as defined in section 260.755, subdivision 8, the best
interests of the child must be determined consistent with sections 260.751 to
260.835 and the Indian Child Welfare Act, United States Code, title 25,
sections 1901 to 1923.
(b) The purpose of the laws relating to
juvenile courts protection proceedings is:
(1) to secure for each child alleged or
adjudicated in need of protection or services and under the jurisdiction of
the court, the care and guidance, preferably in the child's own home, as will
best serve the spiritual, emotional, mental, and physical welfare of the child;
(2) to provide judicial procedures which
that protect the welfare of the child;
(3) to preserve and strengthen the child's family ties whenever possible and in the child's best interests, removing the child from the custody of parents only when the child's welfare or safety cannot be adequately safeguarded without removal;
(4) to ensure that when removal from the child's own family is necessary and in the child's best interests, the responsible social services agency has legal responsibility for the child removal either:
(i) pursuant to a voluntary placement agreement between the child's parent or guardian or the child, when the child is over age 18, and the responsible social services agency; or
(ii) by court order pursuant to section
260C.151, subdivision 6; 206C.178; or 260C.178; 260C.201; 260C.325;
or 260C.515;
(5) to ensure that, when placement is
pursuant to court order, the court order removing the child or continuing the
child in foster care contains an individualized determination that placement is
in the best interests of the child that coincides with the actual removal of
the child; and
(6) to ensure that when the child is removed, the child's care and discipline is, as nearly as possible, equivalent to that which should have been given by the parents and is either in:
(i) the home of a noncustodial parent pursuant to section 260C.178 or 260C.201, subdivision 1, paragraph (a), clause (1);
(ii) the home of a relative pursuant to emergency placement by the responsible social services agency under chapter 245A; or
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(iii) a foster home care
licensed under chapter 245A.; and
(7) to ensure appropriate permanency
planning for children in foster care including:
(i) unless reunification is not required
under section 260.012, developing a permanency plan for the child that includes
a primary plan for reunification with the child's parent or guardian and a
secondary plan for an alternative, legally permanent home for the child in the
event reunification cannot be achieved in a timely manner;
(ii) identifying, locating, and
assessing both parents of the child as soon as possible and offering
reunification services to both parents of the child as required under section
260.012 and 260C.219;
(iii) identifying, locating, and
notifying relatives of both parents of the child according to section 260C.221;
(iv) making a placement with a family
that will commit to being the legally permanent home for the child in the event
reunification cannot occur at the earliest possible time while at the same time
actively supporting the reunification plan; and
(v) returning the child home with
supports and services, as soon as return is safe for the child, or when safe
return cannot be timely achieved, moving to finalize another legally permanent
home for the child.
Subd. 3. Permanency
and, termination of parental rights, and adoption. The purpose of the laws relating to
permanency and, termination of parental rights, and children
who come under the guardianship of the commissioner of human services is to
ensure that:
(1) when required and appropriate, reasonable efforts have been made by the social services agency to reunite the child with the child's parents in a home that is safe and permanent; and
(2) if placement with the parents is not
reasonably foreseeable, to secure for the child a safe and permanent placement according
to the requirements of section 260C.212, subdivision 2, preferably with
adoptive parents or, if that is not possible or in the best interests of the
child, a fit and willing relative through transfer of permanent legal and
physical custody to that relative; and
(3) when a child is under the guardianship of the commissioner of human services, reasonable efforts are made to finalize an adoptive home for the child in a timely manner.
Nothing in this section requires
reasonable efforts to prevent placement or to reunify the child with the parent
or guardian to be made in circumstances where the court has determined that the
child has been subjected to egregious harm, when the child is an abandoned
infant, the parent has involuntarily lost custody of another child through a
proceeding under section 260C.201, subdivision 11 260C.515,
subdivision 4, or similar law of another state, the parental rights of the
parent to a sibling have been involuntarily terminated, or the court has
determined that reasonable efforts or further reasonable efforts to reunify the
child with the parent or guardian would be futile.
The paramount consideration in all proceedings
for permanent placement of the child under section 260C.201, subdivision 11
sections 260C.503 to 260C.521, or the termination of parental rights is
the best interests of the child. In
proceedings involving an American Indian child, as defined in section 260.755,
subdivision 8, the best interests of the child must be determined consistent
with the Indian Child Welfare Act of 1978, United States Code, title 25,
section 1901, et seq.
Subd. 4. Construction. The laws relating to the child
protection provisions of the juvenile courts protection
proceedings shall be liberally construed to carry out these purposes.
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Sec. 3. Minnesota Statutes 2010, section 260C.007, subdivision 4, is amended to read:
Subd. 4. Child. "Child" means an individual under 18 years of age. For purposes of this chapter and chapter 260D, child also includes individuals under age 21 who are in foster care pursuant to section 260C.451.
Sec. 4. Minnesota Statutes 2010, section 260C.007, is amended by adding a subdivision to read:
Subd. 26a. Putative
father. "Putative
father" has the meaning given in section 259.21, subdivision 12.
Sec. 5. Minnesota Statutes 2010, section 260C.007, is amended by adding a subdivision to read:
Subd. 27a. Responsible
social services agency. "Responsible
social services agency" means the county social services agency that has
responsibility for public child welfare and child protection services and
includes the provision of adoption services as an agent of the commissioner of
human services.
Sec. 6. Minnesota Statutes 2010, section 260C.007, is amended by adding a subdivision to read:
Subd. 32. Sibling. "Sibling" means one of two
or more individuals who have one or both parents in common through blood,
marriage, or adoption, including siblings as defined by the child's tribal code
or custom.
Sec. 7. Minnesota Statutes 2010, section 260C.101, subdivision 2, is amended to read:
Subd. 2. Other
matters relating to children. Except
as provided in clause (4), The juvenile court has original and exclusive
jurisdiction in proceedings concerning:
(1) the termination of parental rights to a child in accordance with the provisions of sections 260C.301 to 260C.328;
(2) permanency matters under sections
260C.503 to 260C.521;
(3) the appointment and removal of a juvenile court guardian for a child, where parental rights have been terminated under the provisions of sections 260C.301 to 260C.328;
(3) (4) judicial consent to
the marriage of a child when required by law;
(4) the juvenile court in those counties in
which the judge of the probate-juvenile court has been admitted to the practice
of law in this state shall proceed under the laws relating to adoptions in all
adoption matters. In those counties in
which the judge of the probate-juvenile court has not been admitted to the
practice of law in this state the district court shall proceed under the laws
relating to adoptions in
(5) all adoption matters and review of the efforts to finalize the adoption of the child under section 260C.317;
(5) (6) the review of the
placement of a child who is in foster care pursuant to a voluntary placement
agreement between the child's parent or parents and the responsible social
services agency under section 260C.212, subdivision 8 260C.227; or
between the child, when the child is over age 18, and the agency under section
260C.229; and
(6) (7) the review of
voluntary foster care placement of a child for treatment under chapter 260D
according to the review requirements of that chapter.
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Sec. 8. Minnesota Statutes 2010, section 260C.157, subdivision 1, is amended to read:
Subdivision 1. Investigation. Upon request of the court the responsible social services agency or probation officer shall investigate the personal and family history and environment of any minor coming within the jurisdiction of the court under section 260C.101 and shall report its findings to the court. The court may order any minor coming within its jurisdiction to be examined by a duly qualified physician, psychiatrist, or psychologist appointed by the court.
Adoption investigations shall be conducted
in accordance with the laws relating to adoptions in chapter 259. Any funds received under the provisions of
this subdivision shall not cancel until the end of the fiscal year immediately
following the fiscal year in which the funds were received. The funds are available for use by the
commissioner of corrections during that period and are hereby appropriated
annually to the commissioner of corrections as reimbursement of the costs of
providing these services to the juvenile courts.
Sec. 9. Minnesota Statutes 2010, section 260C.163, subdivision 1, is amended to read:
Subdivision 1. General. (a) Except for hearings arising under
section 260C.425, hearings on any matter shall be without a jury and may be
conducted in an informal manner. In all
adjudicatory proceedings involving a child alleged to be in need of
protection or services regarding juvenile protection matters under this
chapter, the court shall admit only evidence that would be admissible in a
civil trial. To be proved at trial,
allegations of a petition alleging a child to be in need of protection or
services must be proved by clear and convincing evidence.
(b) Except for proceedings involving a child
alleged to be in need of protection or services and petitions for the
termination of parental rights, hearings may be continued or adjourned from
time to time. In proceedings involving a
child alleged to be in need of protection or services and petitions for
the termination of parental rights, hearings may not be continued or adjourned
for more than one week unless the court makes specific findings that the
continuance or adjournment is in the best interests of the child. If a hearing is held on a petition involving
physical or sexual abuse of a child who is alleged to be in need of protection
or services or neglected and in foster care, the court shall file the decision
with the court administrator as soon as possible but no later than 15 days
after the matter is submitted to the court.
When a continuance or adjournment is ordered in any proceeding, the court
may make any interim orders as it deems in the best interests of the minor in
accordance with the provisions of sections 260C.001 to 260C.421 this
chapter.
(c) Absent exceptional circumstances, hearings under this chapter, except hearings in adoption proceedings, are presumed to be accessible to the public, however the court may close any hearing and the records related to any matter as provided in the Minnesota Rules of Juvenile Protection Procedure.
(d) Adoption hearings shall be conducted
in accordance with the provisions of laws relating to adoptions are
closed to the public and all records related to an adoption are inaccessible
except as provided in the Minnesota Rules of Adoption Procedure.
(e) In any permanency hearing, including the transition of a child from foster care to independent living, the court shall ensure that its consult with the child during the hearing is in an age-appropriate manner.
Sec. 10. Minnesota Statutes 2010, section 260C.163, subdivision 4, is amended to read:
Subd. 4. County
attorney. Except in adoption
proceedings, the county attorney shall present the evidence upon request of the
court. In representing the responsible
social services agency, the county attorney shall also have the
responsibility for advancing the public interest in the welfare of the child.
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Sec. 11. Minnesota Statutes 2010, section 260C.178, subdivision 1, is amended to read:
Subdivision 1. Hearing and release requirements. (a) If a child was taken into custody under section 260C.175, subdivision 1, clause (1) or (2), item (ii), the court shall hold a hearing within 72 hours of the time the child was taken into custody, excluding Saturdays, Sundays, and holidays, to determine whether the child should continue in custody.
(b) Unless there is reason to believe that the child would endanger self or others or not return for a court hearing, or that the child's health or welfare would be immediately endangered, the child shall be released to the custody of a parent, guardian, custodian, or other suitable person, subject to reasonable conditions of release including, but not limited to, a requirement that the child undergo a chemical use assessment as provided in section 260C.157, subdivision 1.
(c) If the court determines there is reason to believe that the child would endanger self or others or not return for a court hearing, or that the child's health or welfare would be immediately endangered if returned to the care of the parent or guardian who has custody and from whom the child was removed, the court shall order the child into foster care under the legal responsibility of the responsible social services agency or responsible probation or corrections agency for the purposes of protective care as that term is used in the juvenile court rules or into the home of a noncustodial parent and order the noncustodial parent to comply with any conditions the court determines to be appropriate to the safety and care of the child, including cooperating with paternity establishment proceedings in the case of a man who has not been adjudicated the child's father. The court shall not give the responsible social services legal custody and order a trial home visit at any time prior to adjudication and disposition under section 260C.201, subdivision 1, paragraph (a), clause (3), but may order the child returned to the care of the parent or guardian who has custody and from whom the child was removed and order the parent or guardian to comply with any conditions the court determines to be appropriate to meet the safety, health, and welfare of the child.
(d) In determining whether the child's health or welfare would be immediately endangered, the court shall consider whether the child would reside with a perpetrator of domestic child abuse.
(e) The court, before determining whether a child should be placed in or continue in foster care under the protective care of the responsible agency, shall also make a determination, consistent with section 260.012 as to whether reasonable efforts were made to prevent placement or whether reasonable efforts to prevent placement are not required. In the case of an Indian child, the court shall determine whether active efforts, according to the Indian Child Welfare Act of 1978, United States Code, title 25, section 1912(d), were made to prevent placement. The court shall enter a finding that the responsible social services agency has made reasonable efforts to prevent placement when the agency establishes either:
(1) that it has actually provided services or made efforts in an attempt to prevent the child's removal but that such services or efforts have not proven sufficient to permit the child to safely remain in the home; or
(2) that there are no services or other efforts that could be made at the time of the hearing that could safely permit the child to remain home or to return home. When reasonable efforts to prevent placement are required and there are services or other efforts that could be ordered which would permit the child to safely return home, the court shall order the child returned to the care of the parent or guardian and the services or efforts put in place to ensure the child's safety. When the court makes a prima facie determination that one of the circumstances under paragraph (g) exists, the court shall determine that reasonable efforts to prevent placement and to return the child to the care of the parent or guardian are not required.
If the court finds the social services agency's preventive or reunification efforts have not been reasonable but further preventive or reunification efforts could not permit the child to safely remain at home, the court may nevertheless authorize or continue the removal of the child.
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(f) The court may not order or continue the foster care placement of the child unless the court makes explicit, individualized findings that continued custody of the child by the parent or guardian would be contrary to the welfare of the child and that placement is in the best interest of the child.
(g) At the emergency removal hearing, or at any time during the course of the proceeding, and upon notice and request of the county attorney, the court shall determine whether a petition has been filed stating a prima facie case that:
(1) the parent has subjected a child to egregious harm as defined in section 260C.007, subdivision 14;
(2) the parental rights of the parent to another child have been involuntarily terminated;
(3) the child is an abandoned infant under section 260C.301, subdivision 2, paragraph (a), clause (2);
(4) the parents' custodial rights to another
child have been involuntarily transferred to a relative under Minnesota
Statutes 2010, section 260C.201, subdivision 11, paragraph (e), clause (1);
section 260C.515, subdivision 4, or a similar law of another jurisdiction; or
(5) the parent has committed sexual abuse
as defined in section 626.556, subdivision 2, against the child or another
child of the parent;
(6) the parent has committed an offense
that requires registration as a predatory offender under section 243.166,
subdivision 1b, paragraph (a) or (b); or
(7) the provision of services or further services for the purpose of reunification is futile and therefore unreasonable.
(h) When a petition to terminate parental
rights is required under section 260C.301, subdivision 3 or 4, but the county
attorney has determined not to proceed with a termination of parental rights
petition, and has instead filed a petition to transfer permanent legal and
physical custody to a relative under section 260C.201, subdivision 11 260C.507,
the court shall schedule a permanency hearing within 30 days of the filing of
the petition.
(i) If the county attorney has filed a
petition under section 260C.307, the court shall schedule a trial under section
260C.163 within 90 days of the filing of the petition except when the county
attorney determines that the criminal case shall proceed to trial first under
section 260C.201, subdivision 3 260C.503, subdivision 2, paragraph
(c).
(j) If the court determines the child should
be ordered into foster care and the child's parent refuses to give information
to the responsible social services agency regarding the child's father or
relatives of the child, the court may order the parent to disclose the names,
addresses, telephone numbers, and other identifying information to the
responsible social services agency for the purpose of complying with the
requirements of sections 260C.151, 260C.212, and 260C.215.
(k) If a child ordered into foster care has siblings, whether full, half, or step, who are also ordered into foster care, the court shall inquire of the responsible social services agency of the efforts to place the children together as required by section 260C.212, subdivision 2, paragraph (d), if placement together is in each child's best interests, unless a child is in placement for treatment or a child is placed with a previously noncustodial parent who is not a parent to all siblings. If the children are not placed together at the time of the hearing, the court shall inquire at each subsequent hearing of the agency's reasonable efforts to place the siblings together, as required under section 260.012. If any sibling is not placed with another sibling or siblings, the agency must develop a plan to facilitate visitation or ongoing contact among the siblings as required under section 260C.212, subdivision 1, unless it is contrary to the safety or well-being of any of the siblings to do so.
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(l) When the court has ordered the
child into foster care or into the home of a noncustodial parent, the court may
order a chemical dependency evaluation, mental health evaluation, medical
examination, and parenting assessment for the parent as necessary to support
the development of a plan for reunification required under subdivision 7 and
section 260C.212, subdivision 1, or the child protective services plan under
section 626.556, subdivision 10, and Minnesota Rules, part 9560.0228.
Sec. 12. Minnesota Statutes 2010, section 260C.178, subdivision 7, is amended to read:
Subd. 7. Out-of-home
placement plan. (a) An out-of-home
placement plan required under section 260C.212 shall be filed with the court
within 30 days of the filing of a juvenile protection petition alleging
the child to be in need of protection or services under section 260C.141,
subdivision 1, when the court orders emergency removal of the child under
this section, or filed with the petition if the petition is a review of a
voluntary placement under section 260C.141, subdivision 2.
(b) Upon the filing of the out-of-home placement plan which has been developed jointly with the parent and in consultation with others as required under section 260C.212, subdivision 1, the court may approve implementation of the plan by the responsible social services agency based on the allegations contained in the petition and any evaluations, examinations, or assessments conducted under subdivision 1, paragraph (l). The court shall send written notice of the approval of the out-of-home placement plan to all parties and the county attorney or may state such approval on the record at a hearing. A parent may agree to comply with the terms of the plan filed with the court.
(c) The responsible social services agency
shall make reasonable attempts efforts to engage a parent both
parents of the child in case planning.
If the parent refuses to cooperate in the development of the
out-of-home placement plan or disagrees with the services recommended by
The responsible social service agency, the agency shall note such
refusal or disagreement for the court report the results of its efforts
to engage the child's parents in the out-of-home placement plan filed with
the court. The agency shall notify the
court of the services it will provide or efforts it will attempt under the plan
notwithstanding the parent's refusal to cooperate or disagreement with the
services. The parent may ask the court
to modify the plan to require different or additional services requested by the
parent, but which the agency refused to provide. The court may approve the plan as presented
by the agency or may modify the plan to require services requested by the
parent. The court's approval shall be
based on the content of the petition.
(d) Unless the parent agrees to comply with the terms of the out-of-home placement plan, the court may not order a parent to comply with the provisions of the plan until the court finds the child is in need of protection or services and orders disposition under section 260C.201, subdivision 1. However, the court may find that the responsible social services agency has made reasonable efforts for reunification if the agency makes efforts to implement the terms of an out-of-home placement plan approved under this section.
Sec. 13. Minnesota Statutes 2010, section 260C.193, subdivision 3, is amended to read:
Subd. 3. Best
interest of the child in foster care or residential care. (a) The policy of the state is to ensure
that the best interests of children in foster or residential care,
who experience transfer of permanent legal and physical custody to a relative
under section 260C.515, subdivision 4, or adoption under chapter 259 are
met by requiring individualized determinations under section 260C.212,
subdivision 2, paragraph (b), of the needs of the child and of how the selected
placement home will serve the needs of the child in foster
care placements.
(b) No later than three months after a
child is ordered removed from the care of a parent in the hearing required
under section 260C.202, the court shall review and enter findings
regarding whether the responsible social services agency made:
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(1) diligent efforts to identify and search for
relatives as required under section 260C.212, subdivision 5, 260C.221;
and made
(2) an individualized determination as required under section 260C.212, subdivision 2, to select a home that meets the needs of the child.
(c) If the court finds the agency has not made
efforts as required under section 260C.212, subdivision 5 260C.221,
and there is a relative who qualifies to be licensed to provide family foster
care under chapter 245A, the court may order the child placed with the relative
consistent with the child's best interests.
(d) If the agency's efforts under section 260C.221 are
found to be sufficient, the court shall order the agency to continue to
appropriately engage relatives who responded to the notice under section
260C.221 in placement and case planning decisions and to appropriately engage
relatives who subsequently come to the agency's attention.
(c) (e) If the child's birth parent or
parents explicitly request that a relative or important friend not be
considered, the court shall honor that request if it is consistent with the
best interests of the child. If the
child's birth parent or parents express a preference for placing the child in a
foster or adoptive home of the same or a similar religious background to that
of the birth parent or parents, the court shall order placement of the child
with an individual who meets the birth parent's religious preference.
(d) (f) Placement of a child cannot be
delayed or denied based on race, color, or national origin of the foster parent
or the child.
(e) (g) Whenever possible, siblings should be
placed together unless it is determined not to be in the best interests of a
sibling siblings. If siblings
are were not placed together according to section 260C.212,
subdivision 2, paragraph (d), the responsible social services agency shall
report to the court the efforts made to place the siblings together and why the
efforts were not successful. If the
court is not satisfied with that the agency's agency
has made reasonable efforts to place siblings together, the court may
must order the agency to make further reasonable efforts. If siblings are not placed together the court
shall review order the responsible social services agency's
agency to implement the plan for visitation among siblings required as
part of the out-of-home placement plan under section 260C.212.
(f) (h) This subdivision does not affect the
Indian Child Welfare Act, United States Code, title 25, sections 1901 to 1923,
and the Minnesota Indian Family Preservation Act, sections 260.751 to
260.835.
Sec. 14. Minnesota Statutes 2010, section 260C.193, subdivision 6, is amended to read:
Subd. 6. Jurisdiction to review foster care to age
21, termination of jurisdiction, jurisdiction to age 18. (a) Jurisdiction over a child in foster
care pursuant to section 260C.451 may shall continue to age 21
for the purpose of conducting the reviews required under section 260C.201,
subdivision 11, paragraph (d), 260C.212, subdivision 7, or 260C.317,
subdivision 3, 260C.203, or 260C.515, subdivision 5 or 6. Jurisdiction over a child in foster care
pursuant to section 260C.451 shall not be terminated without giving the child notice
of any motion or proposed order to dismiss jurisdiction and an opportunity to
be heard on the appropriateness of the dismissal. When a child in foster care pursuant to
section 260C.451 asks to leave foster care or actually leaves foster care, the
court may terminate its jurisdiction.
(b) Except when a court order is necessary for a child
to be in foster care or when continued review under (1) section 260C.212,
subdivision 7, paragraph (d), or 260C.201, subdivision 11, paragraph (d), and
(2) section 260C.317, subdivision 3, is required for a child in foster
care under section 260C.451, The court may terminate jurisdiction on its
own motion or the motion of any interested party upon a determination that
jurisdiction is no longer necessary to protect the child's best interests except
when:
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(1) a court order is necessary for a
child to be in foster care; or
(2) continued review under section 260C.203, 260C.515, subdivision 5 or 6, or 260C.317, subdivision 3, is required for a child in foster care under section 260C.451.
(c) Unless terminated by the court, and
except as otherwise provided in this subdivision, the jurisdiction of the court
shall continue until the child becomes 18 years of age. The court may continue jurisdiction over
an individual and all other parties to the proceeding to the individual's 19th
birthday when continuing jurisdiction is in the individual's best interest in
order to:
(1) protect the safety or health of the
individual;
(2) accomplish additional planning for
independent living or for the transition out of foster care; or
(3) support the individual's completion
of high school or a high school equivalency program.
Sec. 15. Minnesota Statutes 2010, section 260C.201, subdivision 2, is amended to read:
Subd. 2. Written findings. (a) Any order for a disposition authorized under this section shall contain written findings of fact to support the disposition and case plan ordered and shall also set forth in writing the following information:
(1) why the best interests and safety of the child are served by the disposition and case plan ordered;
(2) what alternative dispositions or services under the case plan were considered by the court and why such dispositions or services were not appropriate in the instant case;
(3) when legal custody of the child is transferred, the appropriateness of the particular placement made or to be made by the placing agency using the factors in section 260C.212, subdivision 2, paragraph (b);
(4) whether reasonable efforts to
finalize the permanent plan for the child consistent with section 260.012
were made including reasonable efforts:
(i) to prevent or eliminate the
necessity of the child's removal placement and to reunify the
family after removal child with the parent or guardian from whom the
child was removed at the earliest time consistent with the child's safety. The court's findings must include a brief
description of what preventive and reunification efforts were made and why
further efforts could not have prevented or eliminated the necessity of removal
or that reasonable efforts were not required under section 260.012 or 260C.178,
subdivision 1;
(ii) to identify and locate any
noncustodial or nonresident parent of the child and to assess such parent's
ability to provide day-to-day care of the child, and, where appropriate,
provide services necessary to enable the noncustodial or nonresident parent to
safely provide day-to-day care of the child as required under section 260C.219,
unless such services are not required under section 260.012 or 260C.178,
subdivision 1;
(iii) to make the diligent search for
relatives and provide the notices required under section 260C.221; a finding
made pursuant to a hearing under section 260C.202 that the agency has made
diligent efforts to conduct a relative search and has appropriately engaged
relatives who responded to the notice under section 260C.221 and other
relatives, who came to the attention of the agency after notice under section
260C.221 was sent, in placement and case planning decisions fulfills the
requirement of this item;
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(iv) to identify and make a foster care
placement in the home of an unlicensed relative, according to the requirements
of section 245A.035, a licensed relative, or other licensed foster care
provider who will commit to being the permanent legal parent or custodian for
the child in the event reunification cannot occur, but who will actively
support the reunification plan for the child; and
(v) to place siblings together in the same home or to ensure visitation is occurring when siblings are separated in foster care placement and visitation is in the siblings' best interests under section 260C.212, subdivision 2, paragraph (d); and
(5) if the child has been adjudicated as a child in need of protection or services because the child is in need of special services or care to treat or ameliorate a mental disability or emotional disturbance as defined in section 245.4871, subdivision 15, the written findings shall also set forth:
(i) whether the child has mental health needs that must be addressed by the case plan;
(ii) what consideration was given to the diagnostic and functional assessments performed by the child's mental health professional and to health and mental health care professionals' treatment recommendations;
(iii) what consideration was given to the requests or preferences of the child's parent or guardian with regard to the child's interventions, services, or treatment; and
(iv) what consideration was given to the cultural appropriateness of the child's treatment or services.
(b) If the court finds that the social services agency's preventive or reunification efforts have not been reasonable but that further preventive or reunification efforts could not permit the child to safely remain at home, the court may nevertheless authorize or continue the removal of the child.
(c) If the child has been identified by
the responsible social services agency as the subject of concurrent permanency
planning, the court shall review the reasonable efforts of the agency to recruit,
identify, and make a placement in a home where the foster parent or relative
that has committed to being the legally permanent home for the child in the event
reunification efforts are not successful develop a permanency plan for
the child that includes a primary plan which is for reunification with the
child's parent or guardian and a secondary plan which is for an alternative,
legally permanent home for the child in the event reunification cannot be
achieved in a timely manner.
Sec. 16. Minnesota Statutes 2010, section 260C.201, subdivision 10, is amended to read:
Subd. 10. Court
review of foster care. (a) If the
court orders a child placed in foster care, the court shall review the
out-of-home placement plan and the child's placement at least every 90
days as required in juvenile court rules to determine whether continued
out-of-home placement is necessary and appropriate or whether the child should
be returned home. This review is not
required if the court has returned the child home, ordered the child
permanently placed away from the parent under subdivision 11, or terminated
rights under section 260C.301. Court
review for a child permanently placed away from a parent, including where the
child is under guardianship and legal custody of the commissioner, shall
be governed by subdivision 11 or section 260C.317, subdivision 3,
whichever is applicable 260C.607.
(b) No later than six three
months after the child's placement in foster care, the court shall review
agency efforts pursuant to section 260C.212, subdivision 2 260C.221,
and order that the efforts continue if the agency has failed to perform the
duties under that section. The court
must order the agency to continue to appropriately engage relatives who
responded to the notice under section 260C.221 in placement and case planning
decisions and to engage other relatives who came to the agency's attention
after notice under section 260C.221 was sent.
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(c) The court shall review the out-of-home placement plan and may modify the plan as provided under subdivisions 6 and 7.
(d) When the court orders transfer of
custody to a responsible social services agency resulting in foster care or
protective supervision with a noncustodial parent under subdivision 1, the
court shall notify the parents of the provisions of subdivisions 11 and subdivision
11a and sections 260C.503 to 260C.521, as required under juvenile court
rules.
(e) When a child remains in or returns to
foster care pursuant to section 260C.451 and the court has jurisdiction
pursuant to section 260C.193, subdivision 6, paragraph (c), the court shall at
least annually conduct the review required under subdivision 11,
paragraph (d), or sections 260C.212, subdivision 7, and 260C.317, subdivision 3
section 260C.203.
Sec. 17. Minnesota Statutes 2010, section 260C.212, subdivision 5, is amended to read:
Subd. 5. Relative
search. (a) The responsible social
services agency shall exercise due diligence to identify and notify adult
relatives prior to placement or within 30 days after the child's removal from
the parent. The county agency shall
consider placement with a relative under subdivision 2 without delay and
whenever the child must move from or be returned to foster care. The relative search required by this section
shall be reasonable and comprehensive in scope and may last up to six
months or until a fit and willing relative is identified. After a finding that the agency has made
reasonable efforts to conduct the relative search under this paragraph, the
agency has the continuing responsibility to appropriately involve relatives,
who have responded to the notice required under this paragraph, in planning for
the child and to continue to consider relatives according to the requirements
of section 260C.212, subdivision 2. At
any time during the course of juvenile protection proceedings, the court may
order the agency to reopen its search for relatives when it is in the child's
best interest to do so. The relative
search required by this section shall include both maternal relatives of the
child and paternal relatives of the child, if paternity is adjudicated. The search shall also include getting
information from the child in an age-appropriate manner about who the child
considers to be family members and important friends with whom the child has
resided or had significant contact. The
relative search required under this section must fulfill the agency's duties
under the Indian Child Welfare Act regarding active efforts to prevent the
breakup of the Indian family under United States Code, title 25, section
1912(d), and to meet placement preferences under United States Code, title 25,
section 1915. The relatives must be
notified:
(1) of the need for a foster home for the child, the option to become a placement resource for the child, and the possibility of the need for a permanent placement for the child;
(2) of their responsibility to keep the responsible social services agency informed of their current address in order to receive notice in the event that a permanent placement is sought for the child. A relative who fails to provide a current address to the responsible social services agency forfeits the right to notice of the possibility of permanent placement. A decision by a relative not to be identified as a potential permanent placement resource or participate in planning for the child at the beginning of the case shall not affect whether the relative is considered for placement of the child with that relative later;
(3) that the relative may participate in
the care and planning for the child, including that the opportunity for such
participation may be lost by failing to respond to the notice. "Participate in the care and
planning" includes, but is not limited to, participation in case planning
for the parent and child, identifying the strengths and needs of the parent and
child, supervising visits, providing respite and vacation visits for the child,
providing transportation to appointments, suggesting other relatives who might
be able to help support the case plan, and to the extent possible, helping to
maintain the child's familiar and regular activities and contact with friends
and relatives; and
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(4) of the family foster care licensing
requirements, including how to complete an application and how to request a
variance from licensing standards that do not present a safety or health risk
to the child in the home under section 245A.04 and supports that are available
for relatives and children who reside in a family foster home.; and
(5) of the relatives' right to ask to be
notified of any court proceedings regarding the child, to attend the hearings,
and of a relative's right or opportunity to be heard by the court as required
under section 260C.152, subdivision 5.
(b) A responsible social services agency
may disclose private or confidential data, as defined in section sections
13.02 and 626.556, to relatives of the child for the purpose of locating
and assessing a suitable placement and may use any reasonable means
of identifying and locating relatives including the Internet or other
electronic means of conducting a search.
The agency shall disclose only data that is necessary to
facilitate possible placement with relatives and to ensure that the relative
is informed of the needs of the child so the relative can participate in
planning for the child and be supportive of services to the child and family. If the child's parent refuses to give the
responsible social services agency information sufficient to identify the
maternal and paternal relatives of the child, the agency shall ask the juvenile
court to order the parent to provide the necessary information. If a parent makes an explicit request that
relatives or a specific relative not be contacted or considered for placement,
the agency shall bring the parent's request to the attention of the court to
determine whether the parent's request is consistent with the best interests of
the child and the agency shall not contact relatives or a specific relative
unless authorized to do so by the juvenile court.
(c) At a regularly scheduled hearing
not later than three months after the child's placement in foster care and as required
in section 260C.202, the agency shall report to the court:
(1) its efforts to identify maternal
and paternal relatives of the child, to engage the relatives in providing
support for the child and family, and document that the relatives have been provided
the notice required under paragraph (a); and
(2) its decision regarding placing the
child with a relative as required under section 260C.212, subdivision 2, and to
ask relatives to visit or maintain contact with the child in order to support family
connections for the child, when placement with a relative is not possible or
appropriate.
(d) Notwithstanding chapter 13, the
agency shall disclose data about particular relatives identified, searched for,
and contacted for the purposes of the court's review of the agency's due
diligence.
(e) When the court is satisfied that
the agency has exercised due diligence to identify relatives and provide the
notice required in paragraph (a), the court may find that reasonable efforts
have been made to conduct a relative search to identify and provide notice to
adult relatives as required under section 260.012, paragraph (e), clause
(3). If the court is not satisfied that
the agency has exercised due diligence to identify relatives and provide the
notice required in paragraph (a), the court may order the agency to continue
its search and notice efforts and to report back to the court.
(f) When the placing agency
determines that a permanent placement hearing is proceedings
are necessary because there is a likelihood that the child will not return
to a parent's care, the agency may must send the notice provided
in paragraph (d) (g), may ask the court to modify the requirements
duty of the agency under this paragraph to send the notice
required in paragraph (g), or may ask the court to completely relieve the
agency of the requirements of this paragraph (g). The relative notification requirements of this
paragraph (g) do not apply when the child is placed with an appropriate relative
or a foster home that has committed to being the adopting the child
or taking permanent legal placement for and physical custody of
the child and the agency approves of that foster home for permanent placement
of the child. The actions ordered by the
court under this section must be consistent with the best interests, safety, permanency,
and welfare of the child.
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(d) (g) Unless required
under the Indian Child Welfare Act or relieved of this duty by the court under
paragraph (c) (e), when the agency determines that it is
necessary to prepare for the permanent placement determination hearing
proceedings, or in anticipation of filing a termination of parental
rights petition, the agency shall send notice to the relatives, any adult with
whom the child is currently residing, any adult with whom the child has resided
for one year or longer in the past, and any adults who have maintained a
relationship or exercised visitation with the child as identified in the agency
case plan. The notice must state that a
permanent home is sought for the child and that the individuals receiving the
notice may indicate to the agency their interest in providing a permanent
home. The notice must state that within
30 days of receipt of the notice an individual receiving the notice must
indicate to the agency the individual's interest in providing a permanent home
for the child or that the individual may lose the opportunity to be considered
for a permanent placement.
(e) The Department of Human Services
shall develop a best practices guide and specialized staff training to assist
the responsible social services agency in performing and complying with the
relative search requirements under this subdivision.
Sec. 18. Minnesota Statutes 2010, section 260C.212, subdivision 7, is amended to read:
Subd. 7. Administrative or court review of placements. (a) Unless the court is conducting the reviews required under section 260C.202, there shall be an administrative review of the out-of-home placement plan of each child placed in foster care no later than 180 days after the initial placement of the child in foster care and at least every six months thereafter if the child is not returned to the home of the parent or parents within that time. The out-of-home placement plan must be monitored and updated at each administrative review. The administrative review shall be conducted by the responsible social services agency using a panel of appropriate persons at least one of whom is not responsible for the case management of, or the delivery of services to, either the child or the parents who are the subject of the review. The administrative review shall be open to participation by the parent or guardian of the child and the child, as appropriate.
(b) As an alternative to the administrative
review required in paragraph (a), the court may, as part of any hearing
required under the Minnesota Rules of Juvenile Protection Procedure, conduct a
hearing to monitor and update the out-of-home placement plan pursuant to the
procedure and standard in section 260C.201, subdivision 6, paragraph (d). The party requesting review of the
out-of-home placement plan shall give parties to the proceeding notice of the
request to review and update the out-of-home placement plan. A court review conducted pursuant to section 260C.141,
subdivision 2; 260C.193; 260C.201, subdivision 1 or 11; 260C.141,
subdivision 2; 260C.317 260C.202; 260C.204; 260C.317; or 260D.06
shall satisfy the requirement for the review so long as the other requirements
of this section are met.
(c) As appropriate to the stage of the proceedings and relevant court orders, the responsible social services agency or the court shall review:
(1) the safety, permanency needs, and well-being of the child;
(2) the continuing necessity for and appropriateness of the placement;
(3) the extent of compliance with the out-of-home placement plan;
(4) the extent of progress which that
has been made toward alleviating or mitigating the causes necessitating
placement in foster care;
(5) the projected date by which the child may be returned to and safely maintained in the home or placed permanently away from the care of the parent or parents or guardian; and
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(6) the appropriateness of the services provided to the child.
(d) When a child is age 16 or older, in
addition to any administrative review conducted by the agency, at the in-court
review required under section 260C.201, subdivision 11, or 260C.317,
subdivision 3, clause (3), or 260C.515, subdivision 5 or 6, the court
shall review the independent living plan required under section 260C.201,
subdivision 1, paragraph (c), clause (11), and the provision of services to the
child related to the well-being of the child as the child prepares to leave
foster care. The review shall include
the actual plans related to each item in the plan necessary to the child's
future safety and well-being when the child is no longer in foster care.
(1) (e) At the court review required
under paragraph (d) for a child age 16 or
older the following procedures apply:
(1) six months before the child is
expected to be discharged from foster care, the responsible social services
agency shall establish that it has given give the written
notice required under section 260C.456 or Minnesota Rules, part 9560.0660
260C.451, subdivision 1, regarding the right to continued access to
services for certain children in foster care past age 18 and of the right to
appeal a denial of social services under section 256.045. If The agency is unable to
establish that shall file a copy of the notice, including the right
to appeal a denial of social services, has been given, with the
court. If the agency does not file
the notice by the time the child is age 17-1/2, the court shall require the
agency to give it.;
(2) consistent with the requirements of the independent living plan, the court shall review progress toward or accomplishment of the following goals:
(i) the child has obtained a high school diploma or its equivalent;
(ii) the child has completed a driver's education course or has demonstrated the ability to use public transportation in the child's community;
(iii) the child is employed or enrolled in postsecondary education;
(iv) the child has applied for and obtained postsecondary education financial aid for which the child is eligible;
(v) the
child has health care coverage and health care providers to meet the child's
physical and mental health needs;
(vi) the child has applied for and obtained disability income assistance for which the child is eligible;
(vii) the child has obtained affordable housing with necessary supports, which does not include a homeless shelter;
(viii) the child has saved sufficient funds to pay for the first month's rent and a damage deposit;
(ix) the child has an alternative affordable housing plan, which does not include a homeless shelter, if the original housing plan is unworkable;
(x) the child, if male, has registered for the Selective Service; and
(xi) the child has a permanent connection to
a caring adult.; and
(3) the court shall ensure that the responsible agency in conjunction with the placement provider assists the child in obtaining the following documents prior to the child's leaving foster care: a Social Security card; the child's birth certificate; a state identification card or driver's license, green card, or school visa; the child's school, medical, and dental records; a contact list of the child's medical, dental, and mental health providers; and contact information for the child's siblings, if the siblings are in foster care.
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(e) When a child is age 17 or older, during the 90-day
period immediately prior to the date the child is expected to be discharged
from foster care, the responsible social services agency is required to provide
the child with assistance and support in developing a transition plan that is
personalized at the direction of the child.
(f) For a child who will be discharged from foster care at age 18 or
older, the responsible social services agency is required to develop a
personalized transition plan as directed by the youth. The transition plan must be developed during
the 90-day period immediately prior to the expected date of discharge. The transition plan must be as detailed as
the child may elect and include specific options on housing, health insurance, education,
local opportunities for mentors and continuing support services, and work force
supports and employment services. The
plan must include information on the importance of designating another
individual to make health care treatment decisions on behalf of the child if
the child becomes unable to participate in these decisions and the child does
not have, or does not want, a relative who would otherwise be authorized to
make these decisions. The plan must provide
the child with the option to execute a health care directive as provided under
chapter 145C. The county shall also
provide the individual with appropriate contact information if the individual
needs more information or needs help dealing with a crisis situation through
age 21.
Sec. 19. Minnesota Statutes 2010, section 260C.215, subdivision 4, is amended to read:
Subd. 4. Consultation with representatives Duties
of commissioner. The
commissioner of human services, after seeking and considering advice from
representatives reflecting diverse populations from the councils established under sections 3.922, 3.9223, 3.9225,
and 3.9226, and other state, local, and community organizations shall:
(1) review and, where necessary, revise the Department
of Human Services Social Service Manual and Practice Guide provide
practice guidance to responsible social services agencies and
child-placing agencies that reflect federal and state laws and policy
direction on placement of children;
(2) develop criteria for determining whether a prospective adoptive or foster family has the ability to understand and validate the child's cultural background;
(3) develop provide a standardized training
curriculum for adoption and foster care workers, family-based providers,
and administrators who work with children.
Training must address the following objectives:
(a) (i) developing and maintaining
sensitivity to all cultures;
(b) (ii) assessing values and their cultural
implications; and
(c) (iii) making individualized placement
decisions that advance the best interests of a particular child under section
260C.212, subdivision 2; and
(iv) issues related to cross-cultural placement;
(4) develop provide a training curriculum for
family and extended family members all prospective adoptive and
foster families that prepares them to care for the needs of adoptive and
foster children. The curriculum must
address issues relating to cross-cultural placements as well as issues that
arise after a foster or adoptive placement is made taking into
consideration the needs of children outlined in section 260C.212, subdivision
2, paragraph (b); and
(5) develop and provide to agencies an assessment tool
to be used in combination with group interviews and other preplacement
activities a home study format to evaluate assess the
capacities and needs of prospective adoptive and foster families. The tool format must assess
address problem-solving skills; identify parenting skills; and
evaluate the degree to which the prospective family has the ability to
understand and validate the child's cultural background, and other issues
needed to provide sufficient information for agencies to make an individualized
placement decision consistent with section 260C.212, subdivision 2. If a prospective adoptive parent has also
been a
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foster parent, any update necessary to a home study for
the purpose of adoption may be completed by the licensing authority responsible
for the foster parent's license. If a
prospective adoptive parent with an approved adoptive home study also applies
for a foster care license, the license application may be made with the same
agency which provided the adoptive home study; and
(6) shall consult with representatives reflecting diverse populations from the councils established under sections 3.922, 3.9223, 3.9225, and 3.9226, and other state, local, and community organizations.
Sec. 20. Minnesota Statutes 2010, section 260C.215, subdivision 6, is amended to read:
Subd. 6. Duties of child-placing agencies. (a) Each authorized child-placing agency must:
(1) develop and follow procedures for
implementing the requirements of section 260C.193, subdivision 3 260C.212,
subdivision 2, and the Indian Child Welfare Act, United States Code, title
25, sections 1901 to 1923;
(2) have a written plan for recruiting
adoptive and foster families that reflect the ethnic and racial diversity of
children who are in need of foster and adoptive homes. The plan must include:
(i) strategies for using existing
resources in diverse communities,;
(ii) use of diverse outreach staff
wherever possible,;
(iii) use of diverse foster homes for
placements after birth and before adoption,; and
(iv) other techniques as appropriate;
(3) have a written plan for training adoptive and foster families;
(4) have a written plan for employing staff in adoption and foster care who have the capacity to assess the foster and adoptive parents' ability to understand and validate a child's cultural and meet the child's individual needs, and to advance the best interests of the child, as required in section 260C.212, subdivision 2. The plan must include staffing goals and objectives;
(5) ensure that adoption and foster care workers attend training offered or approved by the Department of Human Services regarding cultural diversity and the needs of special needs children; and
(6) develop and implement procedures for implementing the requirements of the Indian Child Welfare Act and the Minnesota Indian Family Preservation Act.
(b) In determining the suitability of a proposed placement of an Indian child, the standards to be applied must be the prevailing social and cultural standards of the Indian child's community, and the agency shall defer to tribal judgment as to suitability of a particular home when the tribe has intervened pursuant to the Indian Child Welfare Act.
Sec. 21. [260C.229]
VOLUNTARY FOSTER CARE FOR CHILDREN OVER AGE 18; REQUIRED COURT REVIEW.
(a) When a child asks to continue or to
reenter foster care after age 18 under section 260C.451, the child and the
responsible social services agency may enter into a voluntary agreement for the
child to be in foster care under the terms of section 260C.451. The voluntary agreement must be in writing
and on a form prescribed by the commissioner.
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(b) When the child is in foster care
pursuant to a voluntary foster care agreement between the agency and child and
the child is not already under court jurisdiction pursuant to section 260C.193,
subdivision 6, the agency responsible for the child's placement in foster care
shall:
(1) file a motion to reopen the juvenile
protection matter where the court previously had jurisdiction over the child
within 30 days of the child and the agency executing the voluntary placement
agreement under paragraph (a) and ask the court to review the child's placement
in foster care and find that the placement is in the best interests of the
child; and
(2) file the out-of-home placement plan
required under subdivision 1 with the motion to reopen jurisdiction.
(c) The court shall conduct a hearing on
the matter within 30 days of the agency's motion to reopen the matter and, if
the court finds that placement is in the best interest of the child, shall
conduct the review for the purpose and with the content required under section
260C.203, at least every 12 months as long as the child continues in foster
care.
Sec. 22. Minnesota Statutes 2010, section 260C.301, subdivision 8, is amended to read:
Subd. 8. Findings regarding reasonable efforts. In any proceeding under this section, the court shall make specific findings:
(1) that reasonable efforts to prevent
the placement and finalize the permanency plan to reunify the child
and the parent were made including individualized and explicit findings
regarding the nature and extent of efforts made by the social services agency
to rehabilitate the parent and reunite the family; or
(2) that reasonable efforts at for
reunification are not required as provided under section 260.012.
Sec. 23. Minnesota Statutes 2010, section 260C.328, is amended to read:
260C.328
CHANGE OF GUARDIAN; TERMINATION OF GUARDIANSHIP.
(a) Upon its own motion or upon petition of an interested party, the juvenile court having jurisdiction of the child may, after notice to the parties and a hearing, remove the guardian appointed by the juvenile court and appoint a new guardian in accordance with the provisions of section 260C.325, subdivision 1, clause (a), (b), or (c). Upon a showing that the child is emancipated, the court may discharge the guardianship. Any child 14 years of age or older who is not adopted but who is placed in a satisfactory foster home, may, with the consent of the foster parents, join with the guardian appointed by the juvenile court in a petition to the court having jurisdiction of the child to discharge the existing guardian and appoint the foster parents as guardians of the child.
(b) The authority of a guardian
appointed by the juvenile court terminates when the individual under
guardianship is no longer a minor or when guardianship is otherwise
discharged becomes age 18.
However, an individual who has been under the guardianship of the
commissioner and who has not been adopted may continue in foster care or
reenter foster care pursuant to section 260C.451 and the responsible social
services agency has continuing legal responsibility for the placement of the
individual.
Sec. 24. Minnesota Statutes 2010, section 260C.451, is amended to read:
260C.451
FOSTER CARE BENEFITS TO AGE 21 PAST AGE 18.
Subdivision 1. Notification
of benefits. Within the
Six months prior to the child's 18th birthday, the local responsible
social services agency shall advise provide written notice on a
form prescribed by the commissioner of human services to any child in
foster care under this chapter who cannot reasonably be expected to return
home or
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have another legally permanent family by
the age of 18, the child's parents or legal guardian, if any, and
the child's guardian ad litem, and the child's foster parents of the
availability of benefits of the foster care program up to age 21,
when the child is eligible under subdivisions 3 and 3a.
Subd. 2. Independent living plan. Upon the request of any child receiving
in foster care benefits immediately prior to the child's 18th
birthday and who is in foster care at the time of the request, the local
responsible social services agency shall, in conjunction with the child
and other appropriate parties, update the independent living plan required
under section 260C.212, subdivision 1, paragraph (c), clause (11), related to
the child's employment, vocational, educational, social, or maturational needs. The agency shall provide continued services
and foster care for the child including those services that are necessary to
implement the independent living plan.
Subd. 3. Eligibility to continue in foster care. A child already in foster care immediately
prior to the child's 18th birthday may continue in foster care past age 18 unless:
(1) the child can safely return home;
(2) the child is in placement pursuant to the agency's
duties under section 256B.092 and Minnesota Rules, parts 9525.0004 to
9525.0016, to meet the child's needs due to developmental disability or related
condition, and the child will be served as an adult under section 256B.092 and
Minnesota Rules, parts 9525.0004 to 9525.0016; or
(3) the child can be adopted or have permanent legal and physical custody transferred to a relative prior to the child's 18th birthday.
Subd. 3a. Eligibility criteria. The child must meet at least one of the following conditions to be considered eligible to continue in or return to foster care and remain there to age 21. The child must be:
(1) completing secondary education or a program leading to an equivalent credential;
(2) enrolled in an institution which that
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.
Subd. 4. Foster care benefits. For children between the ages of 18 and 21, "foster care benefits" means payment for those foster care settings defined in section 260C.007, subdivision 18. Additionally, foster care benefits means payment for a supervised setting, approved by the responsible social services agency, in which a child may live independently.
Subd. 5. Permanent decision Foster care
setting. The particular foster
care setting, including supervised settings, shall be selected by the agency
and the child based on the best interest of the child consistent with
section 260C.212, subdivision 2.
Supervision in approved settings must be determined by an individual
determination of the child's needs by the responsible social services agency
and consistent with section 260C.212, subdivision 4a.
Subd. 6. Individual plan to age 21 Reentering
foster care and accessing services after age 18. (a) Upon request of an individual
between the ages of 18 and 21 who, within six months of the individual's
18th birthday, had been under the guardianship of the commissioner and who
has left foster care without being adopted, the responsible social
services agency which had been the commissioner's agent for purposes of the
guardianship shall develop with the individual a plan related to the
individual's vocational, educational, social, or maturational needs to
increase the
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individual's ability to live safely and independently
using the plan requirements of section 260C.212, subdivision 1, paragraph (b),
clause (11), and to assist the individual to meet one or more of the
eligibility criteria in subdivision 4 if the individual wants to reenter foster
care. The agency shall provide
foster care with maintenance and counseling benefits as required to
implement the plan. The agency shall
enter into a voluntary placement agreement under section 260C.229 with
the individual if the plan includes foster care.
(b) Individuals who had not been under
the guardianship of the commissioner of human services prior to age 18 and are between
the ages of 18 and 21 may ask to reenter foster care after age 18 and, to the
extent funds are available, the responsible social services agency that had
responsibility for planning for the individual before discharge from foster
care may provide foster care or other services to the individual for the
purpose of increasing the individual's ability to live safely and independently
and to meet the eligibility criteria in subdivision 3a, if the individual:
(1) was in foster care for the six
consecutive months prior to the person's 18th birthday and was not discharged
home, adopted, or received into a relative's home under a transfer of permanent
legal and physical custody under section 260C.515, subdivision 4; or
(2) was discharged from foster care while
on runaway status after age 15.
(c) In conjunction with a qualifying
and eligible individual under paragraph (b) and other appropriate persons, the
responsible social services agency shall develop a specific plan related to
that individual's vocational, educational, social, or maturational needs and,
to the extent funds are available, provide foster care as required to implement
the plan. The agency shall enter into a
voluntary placement agreement with the individual if the plan includes foster
care.
(d) Youth who left foster care while
under guardianship of the commissioner of human services retain eligibility for
foster care for placement at any time between the ages of 18 and 21.
Subd. 7. Jurisdiction. Notwithstanding that the court retains
jurisdiction pursuant to this section, Individuals in foster care pursuant
to this section are adults for all purposes except the continued provision of
foster care. Any order establishing
guardianship under section 260C.325, any legal custody order under section
260C.201, subdivision 1, and any order for legal custody associated with an
order for long-term foster care permanent custody under section 260C.201,
subdivision 11 260C.515, subdivision 5, terminates on the child's
18th birthday. The responsible social
services agency has legal responsibility for the individual's placement and
care when the matter continues under court jurisdiction pursuant to section
260C.193 or when the individual and the responsible agency execute a voluntary
placement agreement pursuant to section 260C.229.
Subd. 8. Notice
of termination of foster care. When
a child in foster care between the ages of 18 and 21 ceases to meet one of the
eligibility criteria of subdivision 3a, the responsible social services agency
shall give the child written notice that foster care will terminate 30 days
from the date the notice is sent. The
child or the child's guardian ad litem may file a motion asking the court to
review the agency's determination within 15 days of receiving the notice. The child shall not be discharged from foster
care until the motion is heard. The
agency shall work with the child to transition out of foster care as required
under section 260C.203, paragraph (e).
The written notice of termination of benefits shall be on a form
prescribed by the commissioner and shall also give notice of the right to have
the agency's determination reviewed by the court in the proceeding where the
court conducts the reviews required under section 260C.203, 260C.317, or
260C.515, subdivision 5 or 6. A copy of
the termination notice shall be sent to the child and the child's attorney, if
any, the foster care provider, the child's guardian ad litem, and the
court. The agency is not responsible for
paying foster care benefits for any period of time after the child actually
leaves foster care.
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Sec. 25. [260C.503]
PERMANENCY PROCEEDINGS.
Subdivision 1. Required
permanency proceedings. Except
for children in foster care pursuant to chapter 260D, where the child is in
foster care or in the care of a noncustodial or nonresident parent, the court
shall commence proceedings to determine the permanent status of a child by
holding the admit-deny hearing required under section 260C.507 not later than
12 months after the child is placed in foster care or in the care of a
noncustodial or nonresident parent.
Permanency proceedings for children in foster care pursuant to chapter
260D shall be according to section 260D.07.
Subd. 2. Termination
of parental rights. (a) The
responsible social services agency must ask the county attorney to immediately
file a termination of parental rights petition when:
(1) the child has been subjected to
egregious harm as defined in section 260C.007, subdivision 14;
(2) the child is determined to be the
sibling of a child who was subjected to egregious harm;
(3) the child is an abandoned infant as
defined in section 260C.301, subdivision 3, paragraph (b), clause (2);
(4) the child's parent has lost parental
rights to another child through an order involuntarily terminating the parent's
rights;
(5) the parent has committed sexual
abuse as defined in section 626.556, subdivision 2, against the child or
another child of the parent;
(6) the parent has committed an offense
that requires registration as a predatory offender under section 243.166,
subdivision 1b, paragraph (a) or (b); or
(7) another child of the parent is the subject of an order involuntarily transferring permanent legal and physical custody of the child to a relative under this chapter or a similar law of another jurisdiction;
The county attorney shall file a termination of parental
rights petition unless the conditions of paragraph (d) are met.
(b) When the termination of parental
rights petition is filed under this subdivision, the responsible social
services agency shall identify, recruit, and approve an adoptive family for the
child. If a termination of parental
rights petition has been filed by another party, the responsible social
services agency shall be joined as a party to the petition.
(c) If criminal charges have been filed
against a parent arising out of the conduct alleged to constitute egregious
harm, the county attorney shall determine which matter should proceed to trial
first, consistent with the best interests of the child and subject to the
defendant's right to a speedy trial.
(d) The requirement of paragraph (a)
does not apply if the responsible social services agency and the county
attorney determine and file with the court:
(1) a petition for transfer of permanent
legal and physical custody to a relative under sections 260C.505 and 260C.515,
subdivision 3, including a determination that adoption is not in the child's
best interests and that transfer of permanent legal and physical custody is in
the child's best interests; or
(2) a petition under section 260C.141
alleging the child, and where appropriate, the child's siblings, to be in need
of protection or services accompanied by a case plan prepared by the
responsible social services agency documenting a compelling reason why filing a
termination of parental rights petition would not be in the best interests of
the child.
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Subd. 3. Calculating
time to required permanency proceedings.
(a) For purposes of this section, the date of the child's
placement in foster care is the earlier of the first court-ordered placement or
60 days after the date on which the child has been voluntarily placed in foster
care by the child's parent or guardian.
For purposes of this section, time spent by a child in the home of the
noncustodial parent pursuant to court order under section 260C.178 or under the
protective supervision of the responsible social services agency in the home of
the noncustodial parent pursuant to an order under section 260C.201,
subdivision 1, counts towards the requirement of a permanency hearing under
this section. Time spent on a trial home
visit counts towards the requirement of a permanency hearing under this section
and the permanency progress review required under section 260C.204.
(b) For the purposes of this section,
12 months is calculated as follows:
(1) during the pendency of a petition
alleging that a child is in need of protection or services, all time periods
when a child is placed in foster care or in the home of a noncustodial parent
are cumulated;
(2) if a child has been placed in
foster care within the previous five years under one or more previous
petitions, the lengths of all prior time periods when the child was placed in
foster care within the previous five years are cumulated. If a child under this clause has been in
foster care for 12 months or more, the court, if it is in the best interests of
the child and for compelling reasons, may extend the total time the child may
continue out of the home under the current petition up to an additional six
months before making a permanency determination.
(c) If the child is on a trial home
visit 12 months after the child was placed in foster care or in the care of a
noncustodial parent, the responsible social services agency may file a report
with the court regarding the child's and parent's progress on the trial home
visit and the agency's reasonable efforts to finalize the child's safe and
permanent return to the care of the parent in lieu of filing the petition
required under section 260C.505. The
court shall make findings regarding the reasonable efforts of the agency to
finalize the child's return home as the permanency disposition order in the
best interests of the child. The court
may continue the trial home visit to a total time not to exceed six months as provided
in section 260C.201, subdivision 1, paragraph (a), clause (3). If the court finds the agency has not made
reasonable efforts to finalize the child's return home as the permanency
disposition order in the child's best interests, the court may order other or
additional efforts to support the child remaining in the care of the
parent. If a trial home visit ordered or
continued at permanency proceedings under sections 260C.503 to 260C.521
terminates, the court shall commence or recommence permanency proceedings under
this chapter no later than 30 days after the child is returned to foster care
or to the care of a noncustodial parent.
Sec. 26. [260C.505]
PETITION.
(a) A permanency or termination of
parental rights petition must be filed at or prior to the time the child has
been in foster care or in the care of a noncustodial or nonresident parent for
11 months or in the expedited manner required in section 260C.503, subdivision
2, paragraph (a). The court
administrator shall serve the petition as required in the Minnesota Rules of
Juvenile Protection Procedure and section 260C.152 for the admit-deny hearing
on the petition required in section 260C.507.
(b) A petition under this section is
not required if the responsible social services agency intends to recommend
that the child return to the care of the parent from whom the child was removed
at or prior to the time the court is required to hold the admit-deny hearing
required under section 260C.507.
Sec. 27. [260C.507]
ADMIT-DENY HEARING.
(a) An admit-deny hearing on the
permanency or termination of parental rights petition shall be held not later
than 12 months from the child's placement in foster care or an order for the
child to be in the care of a noncustodial or nonresident parent.
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(b) An admit-deny hearing on the termination of parental
rights or transfer of permanent legal and physical custody petition required to
be immediately filed under section 260C.503, subdivision 2, paragraph (a),
shall be within ten days of the filing of the petition.
(c) At the admit-deny hearing, the court shall determine
whether there is a prima facie basis for finding that the agency made
reasonable efforts, or in the case of an Indian child active efforts, for
reunification as required or that reasonable efforts for reunification are not
required under section 260.012 and proceed according to the Minnesota Rules of
Juvenile Protection Procedure.
Sec. 28. [260C.509] TRIAL.
The permanency proceedings shall be conducted in a
timely fashion including that any trial required under section 260C.163 shall
be commenced within 60 days of the admit-deny hearing required under section 260C.507. At the conclusion of the permanency
proceedings, the court shall:
(1) order the child returned to the care of the parent
or guardian from whom the child was removed; or
(2) order a permanency disposition under section
260C.515 or termination of parental rights under sections 260C.301 to 260C.328
if a permanency disposition order or termination of parental rights is in the
child's best interests.
Sec. 29. [260C.511] BEST INTERESTS OF THE CHILD.
(a) The "best interests of the child" means
all relevant factors to be considered and evaluated.
(b) In making a permanency disposition order or
termination of parental rights, the court must be governed by the best
interests of the child, including a review of the relationship between the
child and relatives and the child and other important persons with whom the
child has resided or had significant contact.
Sec. 30. [260C.513] PERMANENCY DISPOSITIONS WHEN
CHILD CANNOT RETURN HOME.
(a) Termination of parental rights and adoption, or
guardianship to the commissioner of human services through a consent to adopt
are preferred permanency options for a child who cannot return home. If the court finds that termination of
parental rights and guardianship to the commissioner is not in the child's best
interests, the court may transfer permanent legal and physical custody of the
child to a relative when that order is in the child's best interests.
(b) When the court has determined that permanent
placement of the child away from the parent is necessary, the court shall
consider permanent alternative homes that are available both inside and outside
the state.
Sec. 31. [260C.515] PERMANENCY DISPOSITION
ORDERS.
Subdivision 1.
Court order required. If the child is not returned to the
home at or before the conclusion of permanency proceedings under sections
260C.503 to 260C.521, the court must order one of the permanency dispositions
in this section.
Subd. 2.
Termination of parental
rights. The court may order:
(1) termination of parental rights when the requirements
of sections 260C.301 to 260C.328 are met; or
(2) the responsible social services agency to file a
petition for termination of parental rights in which case all the requirements
of sections 260C.301 to 260C.328 remain applicable.
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Subd. 3.
Guardianship; commissioner. The court may order guardianship to
the commissioner of human services under the following procedures and
conditions:
(1) there is an identified prospective adoptive parent
agreed to by the responsible social services agency having legal custody of the
child pursuant to court order under this chapter and that prospective adoptive
parent has agreed to adopt the child;
(2) the court accepts the parent's voluntary consent to
adopt in writing on a form prescribed by the commissioner, executed before two
competent witnesses and confirmed by the consenting parent before the court or
executed before court. The consent shall
contain notice that consent given under this chapter:
(i) is irrevocable upon acceptance by the court unless
fraud is established and an order issues permitting revocation as stated in
clause (9) unless the matter is governed by the Indian Child Welfare Act,
United States Code, title 25, section 1913(c); and
(ii) will result in an order that the child is under the
guardianship of the commissioner of human services;
(3) a consent executed and acknowledged outside of this
state, either in accordance with the law of this state or in accordance with
the law of the place where executed, is valid;
(4) the court must review the matter at least every 90
days under section 260C.317;
(5) a consent to adopt under this subdivision vests
guardianship of the child with the commissioner of human services and makes the
child a ward of the commissioner of human services under section 260C.325;
(6) the court must forward to the commissioner a copy of
the consent to adopt, together with a certified copy of the order transferring
guardianship to the commissioner;
(7) if an adoption is not finalized by the identified
prospective adoptive parent within six months of the execution of the consent
to adopt under this clause, the responsible social services agency shall pursue
adoptive placement in another home unless the court finds in a hearing under
section 260C.317 that the failure to finalize is not due to either an action or
a failure to act by the prospective adoptive parent;
(8) notwithstanding clause (7), the responsible social
services agency must pursue adoptive placement in another home as soon as the
agency determines that finalization of the adoption with the identified
prospective adoptive parent is not possible, that the identified prospective
adoptive parent is not willing to adopt the child, or that the identified
prospective adoptive parent is not cooperative in completing the steps
necessary to finalize the adoption;
(9) unless otherwise required by the Indian Child
Welfare Act, United States Code, title 25, section 1913(c), a consent to adopt
executed under this section shall be irrevocable upon acceptance by the court
except upon order permitting revocation issued by the same court after written
findings that consent was obtained by fraud.
Subd. 4.
Custody to relative. The court may order permanent legal
and physical custody to a relative in the best interests of the child according
to the following conditions:
(1) an order for transfer of permanent legal and physical
custody to a relative shall only be made after the court has reviewed the
suitability of the prospective legal and physical custodian;
(2) in transferring permanent legal and physical custody
to a relative, the juvenile court shall follow the standards applicable under
this chapter and chapter 260, and the procedures in the Minnesota Rules of
Juvenile Protection Procedure;
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(3) a transfer of legal and physical
custody includes responsibility for the protection, education, care, and
control of the child and decision making on behalf of the child;
(4) a permanent legal and physical custodian
may not return a child to the permanent care of a parent from whom the court
removed custody without the court's approval and without notice to the
responsible social services agency;
(5) the social services agency may file
a petition naming a fit and willing relative as a proposed permanent legal and
physical custodian;
(6) another party to the permanency proceeding regarding the child may file a petition to transfer permanent legal and physical custody to a relative, but the petition must be filed not later than the date for the required admit/deny hearing under section 260C.507; or if the agency's petition is filed under section 260C.503, subdivision 2, the petition must be filed not later than 30 days prior to the trial required under section 260C.509; and
(7) the juvenile court may maintain
jurisdiction over the responsible social services agency, the parents or
guardian of the child, the child, and the permanent legal and physical
custodian for purposes of ensuring appropriate services are delivered to the
child and permanent legal custodian for the purpose of ensuring conditions
ordered by the court related to the care and custody of the child are met.
Subd. 5. Permanent
custody to agency. The court
may order permanent custody to the responsible social services agency for
continued placement of the child in foster care but only if it approves the
responsible social services agency's compelling reasons that no other
permanency disposition order is in the child's best interests, and:
(1) the child has reached age 12;
(2) the child is a sibling of a child
described in clause (1) and the siblings have a significant positive
relationship and are ordered into the same foster home;
(3) the responsible social services
agency has made reasonable efforts to locate and place the child with an
adoptive family or a fit and willing relative who would either agree to adopt
the child or to a transfer of permanent legal and physical custody of the
child, but these efforts have not proven successful; and
(4) the parent will continue to have
visitation or contact with the child and will remain involved in planning for
the child.
Subd. 6. Temporary
legal custody to agency. The
court may order temporary legal custody to the responsible social services
agency for continued placement of the child in foster care for a specified
period of time according to the following conditions:
(1) the sole basis for an adjudication
that the child is in need of protection or services is the child's behavior;
(2) the court finds that foster care
for a specified period of time is in the best interests of the child;
(3) the court approves the responsible
social services agency's compelling reasons that neither an award of permanent
legal and physical custody to a relative, nor termination
of parental rights is in the child's best interests; and
(4) the order specifies that the child
continue in foster care no longer than one year.
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Sec. 32. [260C.517]
FINDINGS AND CONTENT OF ORDER FOR PERMANENCY DISPOSITION.
(a) Except for an order terminating
parental rights, an order permanently placing a child out of the home of the
parent or guardian must include the following detailed findings:
(1) how the child's best interests are
served by the order;
(2) the nature and extent of the
responsible social services agency's reasonable efforts, or, in the case of an Indian
child, active efforts to reunify the child with the parent or guardian where
reasonable efforts are required;
(3) the parent's or parents' efforts
and ability to use services to correct the conditions which led to the
out-of-home placement; and
(4) that the conditions which led to
the out-of-home placement have not been corrected so that the child can safely
return home.
(b) The court shall issue an order
required under section 260C.515 and this section within 15 days of the close of
the proceedings. The court may extend
issuing the order an additional 15 days when necessary in the interests of
justice and the best interests of the child.
Sec. 33. [260C.519]
FURTHER COURT HEARINGS.
Once a permanency disposition order has
been made, further court hearings are necessary if:
(1) the child is ordered on a trial
home visit or under the protective supervision of the responsible social
services agency;
(2) the child continues in foster care;
(3) the court orders further hearings
in a transfer of permanent legal and physical custody matter including if a
party seeks to modify an order under section 260C.521, subdivision 2;
(4) an adoption has not yet been
finalized; or
(5) the child returns to foster care
after the court has entered an order for a permanency disposition under this
section.
Sec. 34. [260C.521]
COURT REVIEWS AFTER PERMANENCY DISPOSITION ORDER.
Subdivision 1. Child
in permanent custody of responsible social services agency. (a) Court reviews of an order for
permanent custody to the responsible social services agency for placement of
the child in foster care must be conducted at least yearly at an in-court
appearance hearing.
(b) The purpose of the review hearing
is to ensure:
(1) the order for permanent custody to the
responsible social services agency for placement of the child in foster care
continues to be in the best interests of the child and that no other permanency
disposition order is in the best interests of the child;
(2) that the agency is assisting the child
to build connections to the child's family and community; and
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(3) that the agency is appropriately planning
with the child for development of independent living skills for the child, and
as appropriate, for the orderly and successful transition to independent living
that may occur if the child continues in foster care without another permanency
disposition order.
(c) The court must review the child's
out-of-home placement plan and the reasonable efforts of the agency to finalize
an alternative permanent plan for the child including the agency's efforts to:
(1) ensure that permanent custody to
the agency with placement of the child in foster care continues to be the most
appropriate legal arrangement for meeting the child's need for permanency and
stability or, if not, to identify and attempt to finalize another permanency
disposition order under this chapter that would better serve the child's needs
and best interests;
(2) identify a specific foster home for
the child, if one has not already been identified;
(3) support continued placement of the
child in the identified home, if one has been identified;
(4) ensure appropriate services are
provided to address the physical health, mental health, and educational needs
of the child during the period of foster care and also ensure appropriate
services or assistance to maintain relationships with appropriate family
members and the child's community; and
(5) plan for the child's independence
upon the child's leaving foster care living as required under section 260C.212,
subdivision 1.
(d) The court may find that the agency has made reasonable efforts to finalize the permanent plan for the child when:
(1) the agency has made reasonable
efforts to identify a more legally permanent home for the child than is
provided by an order for permanent custody to the agency for placement in
foster care; and
(2) the agency's engagement of the
child in planning for independent living is reasonable and appropriate.
Subd. 2. Modifying
an order for permanent legal and physical custody to a relative. An order for a relative to have
permanent legal and physical custody of a child may be modified using standards
under sections 518.18 and 518.185. The
social services agency is a party to the proceeding and must receive notice.
Subd. 3. Modifying
order for permanent custody to agency for placement in foster care. (a) A parent may seek modification of
an order for permanent custody of the child to the responsible social services
agency for placement in foster care upon motion and a showing by the parent of
a substantial change in the parent's circumstances such that the parent could
provide appropriate care for the child and that removal of the child from the
permanent custody of the agency and the return to the parent's care would be in
the best interests of the child.
(b) The responsible social services
agency may ask the court to vacate an order for permanent custody to the agency
upon a petition and hearing pursuant to section 260C.163 establishing the basis
for the court to order another permanency disposition under this chapter,
including termination of parental rights based on abandonment if the parent has
not visited the child, maintained contact with the child, or participated in
planning for the child as required under section 260C.515, subdivision 5. The responsible social services agency must
establish that the proposed permanency disposition order is in the child's best
interests. Upon a hearing where the
court determines the petition is proved, the court may vacate the order for
permanent custody and enter a different order for a
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permanent disposition that is in the
child's best interests. The court shall
not require further reasonable efforts to reunify the child with the parent or
guardian as a basis for vacating the order for permanent custody to the agency
and ordering a different permanency disposition in the child's best
interests. The county attorney must file
the petition and give notice as required under the Minnesota Rules of Juvenile
Protection Procedure in order to modify an order for permanent custody under
this subdivision.
Sec. 35. EFFECTIVE DATE.
This article is effective August 1, 2012.
ARTICLE 5
CHILD SUPPORT
Section 1. Minnesota Statutes 2011 Supplement, section 256.01, subdivision 14b, is amended to read:
Subd. 14b. American Indian child welfare projects. (a) The commissioner of human services may authorize projects to test tribal delivery of child welfare services to American Indian children and their parents and custodians living on the reservation. The commissioner has authority to solicit and determine which tribes may participate in a project. Grants may be issued to Minnesota Indian tribes to support the projects. The commissioner may waive existing state rules as needed to accomplish the projects. Notwithstanding section 626.556, the commissioner may authorize projects to use alternative methods of investigating and assessing reports of child maltreatment, provided that the projects comply with the provisions of section 626.556 dealing with the rights of individuals who are subjects of reports or investigations, including notice and appeal rights and data practices requirements. The commissioner may seek any federal approvals necessary to carry out the projects as well as seek and use any funds available to the commissioner, including use of federal funds, foundation funds, existing grant funds, and other funds. The commissioner is authorized to advance state funds as necessary to operate the projects. Federal reimbursement applicable to the projects is appropriated to the commissioner for the purposes of the projects. The projects must be required to address responsibility for safety, permanency, and well-being of children.
(b) For the purposes of this section, "American Indian
child" means a person under 18 years of age 21 years old and
who is a tribal member or eligible for membership in one of the tribes chosen
for a project under this subdivision and who is residing on the reservation of
that tribe.
(c) In order to qualify for an American Indian child welfare project, a tribe must:
(1) be one of the existing tribes with reservation land in Minnesota;
(2) have a tribal court with jurisdiction over child custody proceedings;
(3) have a substantial number of children for whom determinations of maltreatment have occurred;
(4) have capacity to respond to reports of abuse and neglect under section 626.556;
(5) provide a wide range of services to families in need of child welfare services; and
(6) have a tribal-state title IV-E agreement in effect.
(d) Grants awarded under this section may be used for the nonfederal costs of providing child welfare services to American Indian children on the tribe's reservation, including costs associated with:
(1) assessment and prevention of child abuse and neglect;
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(2) family preservation;
(3) facilitative, supportive, and reunification services;
(4) out-of-home placement for children removed from the home for child protective purposes; and
(5) other activities and services approved by the commissioner that further the goals of providing safety, permanency, and well-being of American Indian children.
(e) When a tribe has initiated a project and has been approved by the commissioner to assume child welfare responsibilities for American Indian children of that tribe under this section, the affected county social service agency is relieved of responsibility for responding to reports of abuse and neglect under section 626.556 for those children during the time within which the tribal project is in effect and funded. The commissioner shall work with tribes and affected counties to develop procedures for data collection, evaluation, and clarification of ongoing role and financial responsibilities of the county and tribe for child welfare services prior to initiation of the project. Children who have not been identified by the tribe as participating in the project shall remain the responsibility of the county. Nothing in this section shall alter responsibilities of the county for law enforcement or court services.
(f) Participating tribes may conduct children's mental health screenings under section 245.4874, subdivision 1, paragraph (a), clause (14), for children who are eligible for the initiative and living on the reservation and who meet one of the following criteria:
(1) the child must be receiving child protective services;
(2) the child must be in foster care; or
(3) the child's parents must have had parental rights suspended or terminated.
Tribes may access reimbursement from available state funds for conducting the screenings. Nothing in this section shall alter responsibilities of the county for providing services under section 245.487.
(g) Participating tribes may establish a local child mortality review panel. In establishing a local child mortality review panel, the tribe agrees to conduct local child mortality reviews for child deaths or near-fatalities occurring on the reservation under subdivision 12. Tribes with established child mortality review panels shall have access to nonpublic data and shall protect nonpublic data under subdivision 12, paragraphs (c) to (e). The tribe shall provide written notice to the commissioner and affected counties when a local child mortality review panel has been established and shall provide data upon request of the commissioner for purposes of sharing nonpublic data with members of the state child mortality review panel in connection to an individual case.
(h) The commissioner shall collect information on outcomes relating to child safety, permanency, and well-being of American Indian children who are served in the projects. Participating tribes must provide information to the state in a format and completeness deemed acceptable by the state to meet state and federal reporting requirements.
(i) In consultation with the White Earth Band, the commissioner shall develop and submit to the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services a plan to transfer legal responsibility for providing child protective services to White Earth Band member children residing in Hennepin County to the White Earth Band. The plan shall include a financing proposal, definitions of key terms, statutory amendments required, and other provisions required to implement the plan. The commissioner shall submit the plan by January 15, 2012.
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Sec. 2. Minnesota Statutes 2010, section 257.75, subdivision 7, is amended to read:
Subd. 7. Hospital and Department of Health distribution
of educational materials; recognition form.
Hospitals that provide obstetric services and the state registrar of
vital statistics shall distribute the educational materials and recognition of
parentage forms prepared by the commissioner of human services to new parents;
and shall assist parents in understanding the recognition of parentage
form, including following the provisions for notice under subdivision 5;
shall aid new parents in properly completing the recognition of parentage form,
including providing notary services; and shall timely file the completed recognition
of parentage form with the Office of the State Registrar of Vital Statistics. On and after January 1, 1994, hospitals may
not distribute the declaration of parentage forms.
Sec. 3. Minnesota Statutes 2010, section 518A.40, subdivision 4, is amended to read:
Subd. 4. Change in child care. (a) When a court order provides for child
care expenses, and child care support is not assigned under section 256.741,
the public authority, if the public authority provides child support
enforcement services, must may suspend collecting the amount
allocated for child care expenses when:
(1) either party informs the public authority that no
child care costs are being incurred; and:
(2) (1) the public authority verifies the accuracy
of the information with the obligee.; or
(2) the obligee fails to respond within 30 days of the
date of a written request from the public authority for information regarding
child care costs. A written or oral
response from the obligee that child care costs are being incurred is
sufficient for the public authority to continue collecting child care expenses.
The
suspension is effective as of the first day of the month following the date
that the public authority received the verification either verified
the information with the obligee or the obligee failed to respond. The public authority will resume collecting
child care expenses when either party provides information that child care
costs have resumed are incurred, or when a child care support assignment
takes effect under section 256.741, subdivision 4. The resumption is effective as of the first
day of the month after the date that the public authority received the
information.
(b) If the parties provide conflicting information to the
public authority regarding whether child care expenses are being incurred, or
if the public authority is unable to verify with the obligee that no child care
costs are being incurred, the public authority will continue or resume
collecting child care expenses. Either
party, by motion to the court, may challenge the suspension, continuation, or
resumption of the collection of child care expenses under this
subdivision. If the public authority
suspends collection activities for the amount allocated for child care
expenses, all other provisions of the court order remain in effect.
(c) In cases where there is a substantial increase or decrease in child care expenses, the parties may modify the order under section 518A.39.
Sec. 4. Minnesota Statutes 2010, section 518C.205, is amended to read:
518C.205 CONTINUING,
EXCLUSIVE JURISDICTION.
(a) A tribunal of this state issuing a support order consistent with the law of this state has continuing, exclusive jurisdiction over a child support order unless:
(1) as long as this state remains is no
longer the residence of the obligor, the individual obligee, or and
the child for whose benefit the support order is issued; or
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(2) until all of the parties who are
individuals have filed written consents with the tribunal of this state for a
tribunal of another state to modify the order and assume continuing, exclusive
jurisdiction.
(b) A tribunal of this state issuing a child support order consistent with the law of this state may not exercise its continuing jurisdiction to modify the order if the order has been modified by a tribunal of another state pursuant to this chapter or a law substantially similar to this chapter.
(c) If a child support order of this state is modified by a tribunal of another state pursuant to this chapter or a law substantially similar to this chapter, a tribunal of this state loses its continuing, exclusive jurisdiction with regard to prospective enforcement of the order issued in this state, and may only:
(1) enforce the order that was modified as to amounts accruing before the modification;
(2) enforce nonmodifiable aspects of that order; and
(3) provide other appropriate relief for violations of that order which occurred before the effective date of the modification.
(d) A tribunal of this state shall recognize the continuing, exclusive jurisdiction of a tribunal of another state which has issued a child support order pursuant to this chapter or a law substantially similar to this chapter.
(e) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.
(f) A tribunal of this state issuing a support order consistent with the law of this state has continuing, exclusive jurisdiction over a spousal support order throughout the existence of the support obligation. A tribunal of this state may not modify a spousal support order issued by a tribunal of another state having continuing, exclusive jurisdiction over that order under the law of that state.
Sec. 5. RECIPROCAL
AGREEMENT; CHILD SUPPORT ENFORCEMENT.
The commissioner of human services shall
initiate procedures no later than October 1, 2012, to enter into a reciprocal
agreement with Bermuda for the establishment and enforcement of child support
obligations pursuant to United States Code, title 42, section 659a(d).
EFFECTIVE
DATE. This section is
effective upon Bermuda's written acceptance and agreement to enforce Minnesota
child support orders. If Bermuda does
not accept and declines to enforce Minnesota orders, this section expires
October 1, 2013.
Sec. 6. EFFECTIVE
DATE.
This article is effective August 1,
2012.
ARTICLE 6
TECHNICAL AND CONFORMING AMENDMENTS
Section 1. Minnesota Statutes 2010, section 257.01, is amended to read:
257.01
RECORDS REQUIRED.
Each person or authorized child-placing agency permitted by law to receive children, secure homes for children, or care for children, shall keep a record containing the name, age, former residence, legal status, health records, sex, race, and accumulated length of time in foster care, if applicable, of each child received; the name, former residence,
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occupation, health history, and character,
of each birth parent; the date of reception, placing out, and adoption of each
child, and the name, race, occupation, and residence of the person with whom a
child is placed; the date of the removal of any child to another home and the
reason for removal; the date of termination of the guardianship; the history of
each child until the child reaches the age of 18 21 years, is
legally adopted, or is discharged according to law; and further demographic and
other information as is required by the commissioner of human services.
Sec. 2. Minnesota Statutes 2010, section 259.69, is amended to read:
259.69 TRANSFER OF
FUNDS.
The commissioner of human services may transfer funds into
the subsidized adoption assistance account when a deficit in the subsidized
adoption assistance program occurs.
Sec. 3. Minnesota Statutes 2010, section 259.73, is amended to read:
259.73 REIMBURSEMENT
OF NONRECURRING ADOPTION EXPENSES.
The commissioner of human services shall provide
reimbursement of up to $2,000 to the adoptive parent or parents for costs
incurred in adopting a child with special needs. The commissioner shall determine the child's
eligibility for adoption expense reimbursement under title IV-E of the Social
Security Act, United States Code, title 42, sections 670 to 676. To be reimbursed, costs must be reasonable,
necessary, and directly related to the legal adoption of the child. An individual may apply for reimbursement
for costs incurred in an adoption of a child with special needs under section
259A.70.
Sec. 4. Minnesota Statutes 2010, section 260C.301, subdivision 1, is amended to read:
Subdivision 1. Voluntary and involuntary. The juvenile court may upon petition, terminate all rights of a parent to a child:
(a) with the written consent of a parent who for good cause desires to terminate parental rights; or
(b) if it finds that one or more of the following conditions exist:
(1) that the parent has abandoned the child;
(2) that the parent has substantially, continuously, or repeatedly refused or neglected to comply with the duties imposed upon that parent by the parent and child relationship, including but not limited to providing the child with necessary food, clothing, shelter, education, and other care and control necessary for the child's physical, mental, or emotional health and development, if the parent is physically and financially able, and either reasonable efforts by the social services agency have failed to correct the conditions that formed the basis of the petition or reasonable efforts would be futile and therefore unreasonable;
(3) that a parent has been ordered to contribute to the support of the child or financially aid in the child's birth and has continuously failed to do so without good cause. This clause shall not be construed to state a grounds for termination of parental rights of a noncustodial parent if that parent has not been ordered to or cannot financially contribute to the support of the child or aid in the child's birth;
(4) that a parent is palpably unfit to be a party to the parent and child relationship because of a consistent pattern of specific conduct before the child or of specific conditions directly relating to the parent and child relationship either of which are determined by the court to be of a duration or nature that renders the parent unable, for the reasonably foreseeable future, to care appropriately for the ongoing physical, mental, or emotional needs of the
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child. It is presumed that a parent is palpably unfit to be a party to the parent and child relationship upon a showing that the parent's parental rights to one or more other children were involuntarily terminated or that the parent's custodial rights to another child have been involuntarily transferred to a relative under section 260C.201, subdivision 11, paragraph (e), clause (1), or a similar law of another jurisdiction;
(5) that following the child's placement out of the home, reasonable efforts, under the direction of the court, have failed to correct the conditions leading to the child's placement. It is presumed that reasonable efforts under this clause have failed upon a showing that:
(i) a child has resided out of the parental home under court order for a cumulative period of 12 months within the preceding 22 months. In the case of a child under age eight at the time the petition was filed alleging the child to be in need of protection or services, the presumption arises when the child has resided out of the parental home under court order for six months unless the parent has maintained regular contact with the child and the parent is complying with the out-of-home placement plan;
(ii) the court has approved the out-of-home placement plan required under section 260C.212 and filed with the court under section 260C.178;
(iii) conditions leading to the out-of-home placement have not been corrected. It is presumed that conditions leading to a child's out-of-home placement have not been corrected upon a showing that the parent or parents have not substantially complied with the court's orders and a reasonable case plan; and
(iv) reasonable efforts have been made by the social services agency to rehabilitate the parent and reunite the family.
This clause does not prohibit the termination of parental rights prior to one year, or in the case of a child under age eight, prior to six months after a child has been placed out of the home.
It is also presumed that reasonable efforts have failed under this clause upon a showing that:
(A) the parent has been diagnosed as chemically dependent by a professional certified to make the diagnosis;
(B) the parent has been required by a case plan to participate in a chemical dependency treatment program;
(C) the treatment programs offered to the parent were culturally, linguistically, and clinically appropriate;
(D) the parent has either failed two or more times to successfully complete a treatment program or has refused at two or more separate meetings with a caseworker to participate in a treatment program; and
(E) the parent continues to abuse chemicals.
(6) that a child has experienced egregious harm in the parent's care which is of a nature, duration, or chronicity that indicates a lack of regard for the child's well-being, such that a reasonable person would believe it contrary to the best interest of the child or of any child to be in the parent's care;
(7) that in the case of a child born to a mother who was not married to the child's father when the child was conceived nor when the child was born the person is not entitled to notice of an adoption hearing under section 259.49 and the person has not registered with the fathers' adoption registry under section 259.52;
(8) that the child is neglected and in foster care; or
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(9) that the parent has been convicted of a
crime listed in section 260.012, paragraph (g) , clauses (1) to (3) (5).
In an action involving an American Indian child, sections 260.751 to 260.835 and the Indian Child Welfare Act, United States Code, title 25, sections 1901 to 1923, control to the extent that the provisions of this section are inconsistent with those laws.
Sec. 5. Minnesota Statutes 2010, section 260D.08, is amended to read:
260D.08
ANNUAL REVIEW.
(a) After the court conducts a permanency review hearing under section 260D.07, the matter must be returned to the court for further review of the responsible social services reasonable efforts to finalize the permanent plan for the child and the child's foster care placement at least every 12 months while the child is in foster care. The court shall give notice to the parent and child, age 12 or older, and the foster parents of the continued review requirements under this section at the permanency review hearing.
(b) Every 12 months, the court shall determine whether the agency made reasonable efforts to finalize the permanency plan for the child, which means the exercise of due diligence by the agency to:
(1) ensure that the agreement for voluntary foster care is the most appropriate legal arrangement to meet the child's safety, health, and best interests and to conduct a genuine examination of whether there is another permanency disposition order under chapter 260C, including returning the child home, that would better serve the child's need for a stable and permanent home;
(2) engage
and support the parent in continued involvement in planning and decision making
for the needs of the child;
(3) strengthen the child's ties to the parent, relatives, and community;
(4) implement the out-of-home placement plan required under section 260C.212, subdivision 1, and ensure that the plan requires the provision of appropriate services to address the physical health, mental health, and educational needs of the child; and
(5) ensure appropriate planning for the child's safe, permanent, and independent living arrangement after the child's 18th birthday.
Sec. 6. [611.012]
DISPOSITION OF CHILD OF PARENT ARRESTED.
A peace officer who arrests a person
accompanied by a child of the person may release the child to any person
designated by the parent unless it is necessary to remove the child under
section 260C.175 because the child is found in surroundings or conditions which
endanger the child's health or welfare or which the peace officer reasonably
believes will endanger the child's health or welfare. An officer releasing a child under this
section to a person designated by the parent has no civil or criminal liability
for the child's release.
Sec. 7. Minnesota Statutes 2010, section 626.556, subdivision 2, is amended to read:
Subd. 2. Definitions. As used in this section, the following terms have the meanings given them unless the specific content indicates otherwise:
(a) "Family assessment" means a comprehensive assessment of child safety, risk of subsequent child maltreatment, and family strengths and needs that is applied to a child maltreatment report that does not allege substantial child endangerment. Family assessment does not include a determination as to whether child maltreatment occurred but does determine the need for services to address the safety of family members and the risk of subsequent maltreatment.
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(b) "Investigation" means fact gathering related to the current safety of a child and the risk of subsequent maltreatment that determines whether child maltreatment occurred and whether child protective services are needed. An investigation must be used when reports involve substantial child endangerment, and for reports of maltreatment in facilities required to be licensed under chapter 245A or 245B; under sections 144.50 to 144.58 and 241.021; in a school as defined in sections 120A.05, subdivisions 9, 11, and 13, and 124D.10; or in a nonlicensed personal care provider association as defined in sections 256B.04, subdivision 16, and 256B.0625, subdivision 19a.
(c) "Substantial child endangerment" means a person responsible for a child's care, and in the case of sexual abuse includes a person who has a significant relationship to the child as defined in section 609.341, or a person in a position of authority as defined in section 609.341, who by act or omission commits or attempts to commit an act against a child under their care that constitutes any of the following:
(1) egregious harm as defined in section 260C.007, subdivision 14;
(2) sexual abuse as defined in paragraph (d);
(3) abandonment under section 260C.301, subdivision 2;
(4) neglect as defined in paragraph (f), clause (2), that substantially endangers the child's physical or mental health, including a growth delay, which may be referred to as failure to thrive, that has been diagnosed by a physician and is due to parental neglect;
(5) murder in the first, second, or third degree under section 609.185, 609.19, or 609.195;
(6) manslaughter in the first or second degree under section 609.20 or 609.205;
(7) assault in the first, second, or third degree under section 609.221, 609.222, or 609.223;
(8) solicitation, inducement, and promotion of prostitution under section 609.322;
(9) criminal sexual conduct under sections 609.342 to 609.3451;
(10) solicitation of children to engage in sexual conduct under section 609.352;
(11) malicious punishment or neglect or endangerment of a child under section 609.377 or 609.378;
(12) use of a minor in sexual performance under section 617.246; or
(13) parental behavior, status, or condition which mandates that the county attorney file a termination of parental rights petition under section 260C.301, subdivision 3, paragraph (a).
(d) "Sexual abuse" means the subjection of a child by a person responsible for the child's care, by a person who has a significant relationship to the child, as defined in section 609.341, or by a person in a position of authority, as defined in section 609.341, subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual conduct in the first degree), 609.343 (criminal sexual conduct in the second degree), 609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual abuse also includes any act which involves a minor which constitutes a violation of prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual abuse includes threatened sexual abuse which includes the status of a parent or household member who has committed a violation which requires registration as an offender under section 243.166, subdivision 1b, paragraph (a) or (b), or required registration under section 243.166, subdivision 1b, paragraph (a) or (b).
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(e) "Person responsible for the child's care" means (1) an individual functioning within the family unit and having responsibilities for the care of the child such as a parent, guardian, or other person having similar care responsibilities, or (2) an individual functioning outside the family unit and having responsibilities for the care of the child such as a teacher, school administrator, other school employees or agents, or other lawful custodian of a child having either full-time or short-term care responsibilities including, but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching, and coaching.
(f) "Neglect" means the commission or omission of any of the acts specified under clauses (1) to (9), other than by accidental means:
(1) failure by a person responsible for a child's care to supply a child with necessary food, clothing, shelter, health, medical, or other care required for the child's physical or mental health when reasonably able to do so;
(2) failure to protect a child from conditions or actions that seriously endanger the child's physical or mental health when reasonably able to do so, including a growth delay, which may be referred to as a failure to thrive, that has been diagnosed by a physician and is due to parental neglect;
(3) failure to provide for necessary supervision or child care arrangements appropriate for a child after considering factors as the child's age, mental ability, physical condition, length of absence, or environment, when the child is unable to care for the child's own basic needs or safety, or the basic needs or safety of another child in their care;
(4) failure to ensure that the child is educated as defined in sections 120A.22 and 260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's child with sympathomimetic medications, consistent with section 125A.091, subdivision 5;
(5) nothing in this section shall be construed to mean that a child is neglected solely because the child's parent, guardian, or other person responsible for the child's care in good faith selects and depends upon spiritual means or prayer for treatment or care of disease or remedial care of the child in lieu of medical care; except that a parent, guardian, or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report if a lack of medical care may cause serious danger to the child's health. This section does not impose upon persons, not otherwise legally responsible for providing a child with necessary food, clothing, shelter, education, or medical care, a duty to provide that care;
(6) prenatal exposure to a controlled
substance, as defined in section 253B.02, subdivision 2, used by the mother for
a nonmedical purpose, as evidenced by withdrawal symptoms in the child at
birth, results of a toxicology test performed on the mother at delivery or the
child at birth, or medical effects or developmental delays during the
child's first year of life that medically indicate prenatal exposure to a
controlled substance, or the presence of a fetal alcohol spectrum disorder;
(7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);
(8) chronic and severe use of alcohol or a controlled substance by a parent or person responsible for the care of the child that adversely affects the child's basic needs and safety; or
(9) emotional harm from a pattern of behavior which contributes to impaired emotional functioning of the child which may be demonstrated by a substantial and observable effect in the child's behavior, emotional response, or cognition that is not within the normal range for the child's age and stage of development, with due regard to the child's culture.
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(g) "Physical abuse" means any physical injury, mental injury, or threatened injury, inflicted by a person responsible for the child's care on a child other than by accidental means, or any physical or mental injury that cannot reasonably be explained by the child's history of injuries, or any aversive or deprivation procedures, or regulated interventions, that have not been authorized under section 121A.67 or 245.825.
Abuse does not include reasonable and moderate physical discipline of a child administered by a parent or legal guardian which does not result in an injury. Abuse does not include the use of reasonable force by a teacher, principal, or school employee as allowed by section 121A.582. Actions which are not reasonable and moderate include, but are not limited to, any of the following that are done in anger or without regard to the safety of the child:
(1) throwing, kicking, burning, biting, or cutting a child;
(2) striking a child with a closed fist;
(3) shaking a child under age three;
(4) striking or other actions which result in any nonaccidental injury to a child under 18 months of age;
(5) unreasonable interference with a child's breathing;
(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;
(7) striking a child under age one on the face or head;
(8) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled substances which were not prescribed for the child by a practitioner, in order to control or punish the child; or other substances that substantially affect the child's behavior, motor coordination, or judgment or that results in sickness or internal injury, or subjects the child to medical procedures that would be unnecessary if the child were not exposed to the substances;
(9) unreasonable physical confinement or restraint not permitted under section 609.379, including but not limited to tying, caging, or chaining; or
(10) in a school facility or school zone, an act by a person responsible for the child's care that is a violation under section 121A.58.
(h) "Report" means any report received by the local welfare agency, police department, county sheriff, or agency responsible for assessing or investigating maltreatment pursuant to this section.
(i) "Facility" means:
(1) a licensed or unlicensed day care facility, residential facility, agency, hospital, sanitarium, or other facility or institution required to be licensed under sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or chapter 245B;
(2) a school as defined in sections 120A.05, subdivisions 9, 11, and 13; and 124D.10; or
(3) a nonlicensed personal care provider organization as defined in sections 256B.04, subdivision 16, and 256B.0625, subdivision 19a.
(j) "Operator" means an operator or agency as defined in section 245A.02.
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(k) "Commissioner" means the commissioner of human services.
(l) "Practice of social services," for the purposes of subdivision 3, includes but is not limited to employee assistance counseling and the provision of guardian ad litem and parenting time expeditor services.
(m) "Mental injury" means an injury to the psychological capacity or emotional stability of a child as evidenced by an observable or substantial impairment in the child's ability to function within a normal range of performance and behavior with due regard to the child's culture.
(n) "Threatened injury" means a statement, overt act, condition, or status that represents a substantial risk of physical or sexual abuse or mental injury. Threatened injury includes, but is not limited to, exposing a child to a person responsible for the child's care, as defined in paragraph (e), clause (1), who has:
(1) subjected a child to, or failed to protect a child from, an overt act or condition that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a similar law of another jurisdiction;
(2) been found to be palpably unfit under section 260C.301, paragraph (b), clause (4), or a similar law of another jurisdiction;
(3) committed an act that has resulted in an involuntary termination of parental rights under section 260C.301, or a similar law of another jurisdiction; or
(4) committed an act that has resulted in the involuntary transfer of permanent legal and physical custody of a child to a relative under section 260C.201, subdivision 11, paragraph (d), clause (1), or a similar law of another jurisdiction.
(o) Persons who conduct assessments or investigations under this section shall take into account accepted child-rearing practices of the culture in which a child participates and accepted teacher discipline practices, which are not injurious to the child's health, welfare, and safety.
(p) "Accidental" means a sudden, not reasonably foreseeable, and unexpected occurrence or event which:
(1) is not likely to occur and could not have been prevented by exercise of due care; and
(2) if occurring while a child is receiving
services from a facility, happens when the facility and the employee or person
providing services in the facility are in
compliance with the laws and rules relevant to the occurrence or event.
(q) "Nonmaltreatment mistake" means:
(1) at the time of the incident, the individual was performing duties identified in the center's child care program plan required under Minnesota Rules, part 9503.0045;
(2) the individual has not been determined responsible for a similar incident that resulted in a finding of maltreatment for at least seven years;
(3) the individual has not been determined to have committed a similar nonmaltreatment mistake under this paragraph for at least four years;
(4) any injury to a child resulting from the incident, if treated, is treated only with remedies that are available over the counter, whether ordered by a medical professional or not; and
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(5) except for the period when the incident occurred, the facility and the individual providing services were both in compliance with all licensing requirements relevant to the incident.
This definition only applies to child care centers licensed under Minnesota Rules, chapter 9503. If clauses (1) to (5) apply, rather than making a determination of substantiated maltreatment by the individual, the commissioner of human services shall determine that a nonmaltreatment mistake was made by the individual.
Sec. 8. Minnesota Statutes 2010, section 626.556, subdivision 10, is amended to read:
Subd. 10. Duties of local welfare agency and local law enforcement agency upon receipt of report. (a) Upon receipt of a report, the local welfare agency shall determine whether to conduct a family assessment or an investigation as appropriate to prevent or provide a remedy for child maltreatment. The local welfare agency:
(1) shall conduct an investigation on reports involving substantial child endangerment;
(2) shall begin an immediate investigation if, at any time when it is using a family assessment response, it determines that there is reason to believe that substantial child endangerment or a serious threat to the child's safety exists;
(3) may conduct a family assessment for reports that do not allege substantial child endangerment. In determining that a family assessment is appropriate, the local welfare agency may consider issues of child safety, parental cooperation, and the need for an immediate response; and
(4) may conduct a family assessment on a report that was initially screened and assigned for an investigation. In determining that a complete investigation is not required, the local welfare agency must document the reason for terminating the investigation and notify the local law enforcement agency if the local law enforcement agency is conducting a joint investigation.
If the report alleges neglect, physical abuse, or sexual abuse by a parent, guardian, or individual functioning within the family unit as a person responsible for the child's care, or sexual abuse by a person with a significant relationship to the child when that person resides in the child's household or by a sibling, the local welfare agency shall immediately conduct a family assessment or investigation as identified in clauses (1) to (4). In conducting a family assessment or investigation, the local welfare agency shall gather information on the existence of substance abuse and domestic violence and offer services for purposes of preventing future child maltreatment, safeguarding and enhancing the welfare of the abused or neglected minor, and supporting and preserving family life whenever possible. If the report alleges a violation of a criminal statute involving sexual abuse, physical abuse, or neglect or endangerment, under section 609.378, the local law enforcement agency and local welfare agency shall coordinate the planning and execution of their respective investigation and assessment efforts to avoid a duplication of fact-finding efforts and multiple interviews. Each agency shall prepare a separate report of the results of its investigation. In cases of alleged child maltreatment resulting in death, the local agency may rely on the fact-finding efforts of a law enforcement investigation to make a determination of whether or not maltreatment occurred. When necessary the local welfare agency shall seek authority to remove the child from the custody of a parent, guardian, or adult with whom the child is living. In performing any of these duties, the local welfare agency shall maintain appropriate records.
If the family assessment or investigation indicates there is a potential for abuse of alcohol or other drugs by the parent, guardian, or person responsible for the child's care, the local welfare agency shall conduct a chemical use assessment pursuant to Minnesota Rules, part 9530.6615.
(b) When a local agency receives a report or otherwise has information indicating that a child who is a client, as defined in section 245.91, has been the subject of physical abuse, sexual abuse, or neglect at an agency, facility, or program as defined in section 245.91, it shall, in addition to its other duties under this section, immediately inform
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the ombudsman established under sections
245.91 to 245.97. The commissioner of
education shall inform the ombudsman established under sections 245.91 to
245.97 of reports regarding a child defined as a client in section 245.91 that maltreatment occurred at a school as
defined in sections 120A.05, subdivisions 9, 11, and 13, and 124D.10.
(c) Authority of the local welfare agency responsible for assessing or investigating the child abuse or neglect report, the agency responsible for assessing or investigating the report, and of the local law enforcement agency for investigating the alleged abuse or neglect includes, but is not limited to, authority to interview, without parental consent, the alleged victim and any other minors who currently reside with or who have resided with the alleged offender. The interview may take place at school or at any facility or other place where the alleged victim or other minors might be found or the child may be transported to, and the interview conducted at, a place appropriate for the interview of a child designated by the local welfare agency or law enforcement agency. The interview may take place outside the presence of the alleged offender or parent, legal custodian, guardian, or school official. For family assessments, it is the preferred practice to request a parent or guardian's permission to interview the child prior to conducting the child interview, unless doing so would compromise the safety assessment. Except as provided in this paragraph, the parent, legal custodian, or guardian shall be notified by the responsible local welfare or law enforcement agency no later than the conclusion of the investigation or assessment that this interview has occurred. Notwithstanding rule 32 of the Minnesota Rules of Procedure for Juvenile Courts, the juvenile court may, after hearing on an ex parte motion by the local welfare agency, order that, where reasonable cause exists, the agency withhold notification of this interview from the parent, legal custodian, or guardian. If the interview took place or is to take place on school property, the order shall specify that school officials may not disclose to the parent, legal custodian, or guardian the contents of the notification of intent to interview the child on school property, as provided under this paragraph, and any other related information regarding the interview that may be a part of the child's school record. A copy of the order shall be sent by the local welfare or law enforcement agency to the appropriate school official.
(d) When the local welfare, local law enforcement agency, or the agency responsible for assessing or investigating a report of maltreatment determines that an interview should take place on school property, written notification of intent to interview the child on school property must be received by school officials prior to the interview. The notification shall include the name of the child to be interviewed, the purpose of the interview, and a reference to the statutory authority to conduct an interview on school property. For interviews conducted by the local welfare agency, the notification shall be signed by the chair of the local social services agency or the chair's designee. The notification shall be private data on individuals subject to the provisions of this paragraph. School officials may not disclose to the parent, legal custodian, or guardian the contents of the notification or any other related information regarding the interview until notified in writing by the local welfare or law enforcement agency that the investigation or assessment has been concluded, unless a school employee or agent is alleged to have maltreated the child. Until that time, the local welfare or law enforcement agency or the agency responsible for assessing or investigating a report of maltreatment shall be solely responsible for any disclosures regarding the nature of the assessment or investigation.
Except where the alleged offender is believed to be a school official or employee, the time and place, and manner of the interview on school premises shall be within the discretion of school officials, but the local welfare or law enforcement agency shall have the exclusive authority to determine who may attend the interview. The conditions as to time, place, and manner of the interview set by the school officials shall be reasonable and the interview shall be conducted not more than 24 hours after the receipt of the notification unless another time is considered necessary by agreement between the school officials and the local welfare or law enforcement agency. Where the school fails to comply with the provisions of this paragraph, the juvenile court may order the school to comply. Every effort must be made to reduce the disruption of the educational program of the child, other students, or school staff when an interview is conducted on school premises.
(e) Where the alleged offender or a person responsible for the care of the alleged victim or other minor prevents access to the victim or other minor by the local welfare agency, the juvenile court may order the parents, legal custodian, or guardian to produce the alleged victim or other minor for questioning by the local welfare agency or the local law enforcement agency outside the presence of the alleged offender or any person responsible for the child's care at reasonable places and times as specified by court order.
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(f) Before making an order under paragraph (e), the court shall issue an order to show cause, either upon its own motion or upon a verified petition, specifying the basis for the requested interviews and fixing the time and place of the hearing. The order to show cause shall be served personally and shall be heard in the same manner as provided in other cases in the juvenile court. The court shall consider the need for appointment of a guardian ad litem to protect the best interests of the child. If appointed, the guardian ad litem shall be present at the hearing on the order to show cause.
(g) The commissioner of human services, the ombudsman for mental health and developmental disabilities, the local welfare agencies responsible for investigating reports, the commissioner of education, and the local law enforcement agencies have the right to enter facilities as defined in subdivision 2 and to inspect and copy the facility's records, including medical records, as part of the investigation. Notwithstanding the provisions of chapter 13, they also have the right to inform the facility under investigation that they are conducting an investigation, to disclose to the facility the names of the individuals under investigation for abusing or neglecting a child, and to provide the facility with a copy of the report and the investigative findings.
(h) The local welfare agency responsible for
conducting a family assessment or investigation shall collect available and
relevant information to determine child safety, risk of subsequent child
maltreatment, and family strengths and needs and share not public information
with an Indian's tribal social services agency without violating any law of the
state that may otherwise impose duties of confidentiality on the local welfare
agency in order to implement the tribal state agreement. The local welfare agency or the agency
responsible for investigating the report shall collect available and relevant
information to ascertain whether maltreatment occurred and whether protective
services are needed. Information
collected includes, when relevant, information with regard to the person
reporting the alleged maltreatment, including the nature of the reporter's
relationship to the child and to the alleged offender, and the basis of the
reporter's knowledge for the report; the child allegedly being maltreated; the
alleged offender; the child's caretaker; and other collateral sources having
relevant information related to the alleged maltreatment. The local welfare agency or the agency
responsible for assessing or investigating the report may make a
determination of no maltreatment early in an assessment investigation,
and close the case and retain immunity, if the collected information shows no
basis for a full assessment or investigation.
Information relevant to the assessment or investigation must be asked for, and may include:
(1) the child's sex and age, prior reports of maltreatment, information relating to developmental functioning, credibility of the child's statement, and whether the information provided under this clause is consistent with other information collected during the course of the assessment or investigation;
(2) the alleged offender's age, a record check for prior reports of maltreatment, and criminal charges and convictions. The local welfare agency or the agency responsible for assessing or investigating the report must provide the alleged offender with an opportunity to make a statement. The alleged offender may submit supporting documentation relevant to the assessment or investigation;
(3) collateral source information regarding the alleged maltreatment and care of the child. Collateral information includes, when relevant: (i) a medical examination of the child; (ii) prior medical records relating to the alleged maltreatment or the care of the child maintained by any facility, clinic, or health care professional and an interview with the treating professionals; and (iii) interviews with the child's caretakers, including the child's parent, guardian, foster parent, child care provider, teachers, counselors, family members, relatives, and other persons who may have knowledge regarding the alleged maltreatment and the care of the child; and
(4) information on the existence of domestic abuse and violence in the home of the child, and substance abuse.
Nothing in this paragraph precludes the local welfare agency, the local law enforcement agency, or the agency responsible for assessing or investigating the report from collecting other relevant information necessary to conduct the assessment or investigation. Notwithstanding sections 13.384 or 144.291 to 144.298, the local welfare agency
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has access to medical data and records for purposes of clause (3). Notwithstanding the data's classification in the possession of any other agency, data acquired by the local welfare agency or the agency responsible for assessing or investigating the report during the course of the assessment or investigation are private data on individuals and must be maintained in accordance with subdivision 11. Data of the commissioner of education collected or maintained during and for the purpose of an investigation of alleged maltreatment in a school are governed by this section, notwithstanding the data's classification as educational, licensing, or personnel data under chapter 13.
In conducting an assessment or investigation involving a school facility as defined in subdivision 2, paragraph (i), the commissioner of education shall collect investigative reports and data that are relevant to a report of maltreatment and are from local law enforcement and the school facility.
(i) Upon receipt of a report, the local welfare agency shall conduct a face-to-face contact with the child reported to be maltreated and with the child's primary caregiver sufficient to complete a safety assessment and ensure the immediate safety of the child. The face-to-face contact with the child and primary caregiver shall occur immediately if substantial child endangerment is alleged and within five calendar days for all other reports. If the alleged offender was not already interviewed as the primary caregiver, the local welfare agency shall also conduct a face-to-face interview with the alleged offender in the early stages of the assessment or investigation. At the initial contact, the local child welfare agency or the agency responsible for assessing or investigating the report must inform the alleged offender of the complaints or allegations made against the individual in a manner consistent with laws protecting the rights of the person who made the report. The interview with the alleged offender may be postponed if it would jeopardize an active law enforcement investigation.
(j) When conducting an investigation, the local welfare agency shall use a question and answer interviewing format with questioning as nondirective as possible to elicit spontaneous responses. For investigations only, the following interviewing methods and procedures must be used whenever possible when collecting information:
(1) audio recordings of all interviews with witnesses and collateral sources; and
(2) in cases of alleged sexual abuse, audio-video recordings of each interview with the alleged victim and child witnesses.
(k) In conducting an assessment or investigation involving a school facility as defined in subdivision 2, paragraph (i), the commissioner of education shall collect available and relevant information and use the procedures in paragraphs (i), (k), and subdivision 3d, except that the requirement for face-to-face observation of the child and face-to-face interview of the alleged offender is to occur in the initial stages of the assessment or investigation provided that the commissioner may also base the assessment or investigation on investigative reports and data received from the school facility and local law enforcement, to the extent those investigations satisfy the requirements of paragraphs (i) and (k), and subdivision 3d.
Sec. 9. Minnesota Statutes 2010, section 626.556, subdivision 10e, is amended to read:
Subd. 10e. Determinations. (a) The local welfare agency shall conclude the family assessment or the investigation within 45 days of the receipt of a report. The conclusion of the assessment or investigation may be extended to permit the completion of a criminal investigation or the receipt of expert information requested within 45 days of the receipt of the report.
(b) After conducting a family assessment, the local welfare agency shall determine whether services are needed to address the safety of the child and other family members and the risk of subsequent maltreatment.
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(c) After conducting an investigation, the
local welfare agency shall make two determinations: first, whether maltreatment has occurred;
and, second, whether child protective services are needed. No determination of maltreatment shall be made
when the alleged perpetrator is a child under the age of ten.
(d) If the commissioner of education conducts an assessment or investigation, the commissioner shall determine whether maltreatment occurred and what corrective or protective action was taken by the school facility. If a determination is made that maltreatment has occurred, the commissioner shall report to the employer, the school board, and any appropriate licensing entity the determination that maltreatment occurred and what corrective or protective action was taken by the school facility. In all other cases, the commissioner shall inform the school board or employer that a report was received, the subject of the report, the date of the initial report, the category of maltreatment alleged as defined in paragraph (f), the fact that maltreatment was not determined, and a summary of the specific reasons for the determination.
(e) When maltreatment is determined in an investigation involving a facility, the investigating agency shall also determine whether the facility or individual was responsible, or whether both the facility and the individual were responsible for the maltreatment using the mitigating factors in paragraph (i). Determinations under this subdivision must be made based on a preponderance of the evidence and are private data on individuals or nonpublic data as maintained by the commissioner of education.
(f) For the purposes of this subdivision, "maltreatment" means any of the following acts or omissions:
(1) physical abuse as defined in subdivision 2, paragraph (g);
(2) neglect as defined in subdivision 2, paragraph (f);
(3) sexual abuse as defined in subdivision 2, paragraph (d);
(4) mental injury as defined in subdivision 2, paragraph (m); or
(5) maltreatment of a child in a facility as defined in subdivision 2, paragraph (i).
(g) For the purposes of this subdivision, a determination that child protective services are needed means that the local welfare agency has documented conditions during the assessment or investigation sufficient to cause a child protection worker, as defined in section 626.559, subdivision 1, to conclude that a child is at significant risk of maltreatment if protective intervention is not provided and that the individuals responsible for the child's care have not taken or are not likely to take actions to protect the child from maltreatment or risk of maltreatment.
(h) This subdivision does not mean that maltreatment has occurred solely because the child's parent, guardian, or other person responsible for the child's care in good faith selects and depends upon spiritual means or prayer for treatment or care of disease or remedial care of the child, in lieu of medical care. However, if lack of medical care may result in serious danger to the child's health, the local welfare agency may ensure that necessary medical services are provided to the child.
(i) When determining whether the facility or individual is the responsible party, or whether both the facility and the individual are responsible for determined maltreatment in a facility, the investigating agency shall consider at least the following mitigating factors:
(1) whether the actions of the facility or the individual caregivers were according to, and followed the terms of, an erroneous physician order, prescription, individual care plan, or directive; however, this is not a mitigating factor when the facility or caregiver was responsible for the issuance of the erroneous order, prescription, individual care plan, or directive or knew or should have known of the errors and took no reasonable measures to correct the defect before administering care;
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(2) comparative responsibility between the facility, other caregivers, and requirements placed upon an employee, including the facility's compliance with related regulatory standards and the adequacy of facility policies and procedures, facility training, an individual's participation in the training, the caregiver's supervision, and facility staffing levels and the scope of the individual employee's authority and discretion; and
(3) whether the facility or individual followed professional standards in exercising professional judgment.
The evaluation of the facility's responsibility under clause (2) must not be based on the completeness of the risk assessment or risk reduction plan required under section 245A.66, but must be based on the facility's compliance with the regulatory standards for policies and procedures, training, and supervision as cited in Minnesota Statutes and Minnesota Rules.
(j) Notwithstanding paragraph (i), when maltreatment is determined to have been committed by an individual who is also the facility license holder, both the individual and the facility must be determined responsible for the maltreatment, and both the background study disqualification standards under section 245C.15, subdivision 4, and the licensing actions under sections 245A.06 or 245A.07 apply.
(k) Individual counties may implement more detailed definitions or criteria that indicate which allegations to investigate, as long as a county's policies are consistent with the definitions in the statutes and rules and are approved by the county board. Each local welfare agency shall periodically inform mandated reporters under subdivision 3 who work in the county of the definitions of maltreatment in the statutes and rules and any additional definitions or criteria that have been approved by the county board.
Sec. 10. Minnesota Statutes 2010, section 626.556, subdivision 10f, is amended to read:
Subd. 10f. Notice
of determinations. Within ten working
days of the conclusion of a family assessment, the local welfare agency shall
notify the parent or guardian of the child of the need for services to address
child safety concerns or significant risk of subsequent child maltreatment. The local welfare agency and the family may
also jointly agree that family support and family preservation services are
needed. Within ten working days of the
conclusion of an investigation, the local welfare agency or agency responsible
for assessing or investigating the report shall notify the parent or
guardian of the child, the person determined to be maltreating the child, and
if applicable, the director of the facility, of the determination and a summary
of the specific reasons for the determination.
When the investigation involves a child foster care setting that is
monitored by a private licensing agency under section 245A.16, the local
welfare agency responsible for assessing or investigating the report
shall notify the private licensing agency of the determination and shall
provide a summary of the specific reasons for the determination. The notice to the private licensing agency
must include identifying private data, but not the identity of the reporter of
maltreatment. The notice must also
include a certification that the information collection procedures under
subdivision 10, paragraphs (h), (i), and (j), were followed and a notice of the
right of a data subject to obtain access to other private data on the subject
collected, created, or maintained under this section. In addition, the notice shall include the
length of time that the records will be kept under subdivision 11c. The investigating agency shall notify the
parent or guardian of the child who is the subject of the report, and any
person or facility determined to have maltreated a child, of their appeal or
review rights under this section or section 256.022. The notice must also state that a finding of
maltreatment may result in denial of a license application or background study
disqualification under chapter 245C related to employment or services that are
licensed by the Department of Human Services under chapter 245A, the Department
of Health under chapter 144 or 144A, the Department of Corrections under
section 241.021, and from providing services related to an unlicensed personal
care provider organization under chapter 256B.
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Sec. 11. Minnesota Statutes 2010, section 626.556, subdivision 10i, is amended to read:
Subd. 10i. Administrative reconsideration; review panel. (a) Administrative reconsideration is not applicable in family assessments since no determination concerning maltreatment is made. For investigations, except as provided under paragraph (e), an individual or facility that the commissioner of human services, a local social service agency, or the commissioner of education determines has maltreated a child, an interested person acting on behalf of the child, regardless of the determination, who contests the investigating agency's final determination regarding maltreatment, may request the investigating agency to reconsider its final determination regarding maltreatment. The request for reconsideration must be submitted in writing to the investigating agency within 15 calendar days after receipt of notice of the final determination regarding maltreatment or, if the request is made by an interested person who is not entitled to notice, within 15 days after receipt of the notice by the parent or guardian of the child. If mailed, the request for reconsideration must be postmarked and sent to the investigating agency within 15 calendar days of the individual's or facility's receipt of the final determination. If the request for reconsideration is made by personal service, it must be received by the investigating agency within 15 calendar days after the individual's or facility's receipt of the final determination. Effective January 1, 2002, an individual who was determined to have maltreated a child under this section and who was disqualified on the basis of serious or recurring maltreatment under sections 245C.14 and 245C.15, may request reconsideration of the maltreatment determination and the disqualification. The request for reconsideration of the maltreatment determination and the disqualification must be submitted within 30 calendar days of the individual's receipt of the notice of disqualification under sections 245C.16 and 245C.17. If mailed, the request for reconsideration of the maltreatment determination and the disqualification must be postmarked and sent to the investigating agency within 30 calendar days of the individual's receipt of the maltreatment determination and notice of disqualification. If the request for reconsideration is made by personal service, it must be received by the investigating agency within 30 calendar days after the individual's receipt of the notice of disqualification.
(b) Except as provided under paragraphs (e)
and (f), if the investigating agency denies the request or fails to act upon
the request within 15 working days after receiving the request for
reconsideration, the person or facility entitled to a fair hearing under
section 256.045 may submit to the commissioner of human services or the
commissioner of education a written request for a hearing under that
section. Section 256.045 also governs
hearings requested to contest a final determination of the commissioner of
education. For reports involving
maltreatment of a child in a facility, an interested person acting on behalf of
the child may request a review by the Child Maltreatment Review Panel under
section 256.022 if the investigating agency denies the request or fails to act
upon the request or if the interested person contests a reconsidered
determination. The investigating
agency shall notify persons who request reconsideration of their rights under
this paragraph. The request must be
submitted in writing to the review panel and a copy sent to the investigating
agency within 30 calendar days of receipt of notice of a denial of a request
for reconsideration or of a reconsidered determination. The request must specifically identify the
aspects of the agency determination with which the person is dissatisfied. The hearings specified under this section
are the only administrative appeal of a decision issued under paragraph
(a). Determinations under this section
are not subject to accuracy and completeness challenges under section 13.04.
(c) If, as a result of a reconsideration or review, the investigating agency changes the final determination of maltreatment, that agency shall notify the parties specified in subdivisions 10b, 10d, and 10f.
(d) Except as provided under paragraph (f), if an individual or facility contests the investigating agency's final determination regarding maltreatment by requesting a fair hearing under section 256.045, the commissioner of human services shall assure that the hearing is conducted and a decision is reached within 90 days of receipt of the request for a hearing. The time for action on the decision may be extended for as many days as the hearing is postponed or the record is held open for the benefit of either party.
(e) If an individual was disqualified under sections 245C.14 and 245C.15, on the basis of a determination of maltreatment, which was serious or recurring, and the individual has requested reconsideration of the maltreatment determination under paragraph (a) and requested reconsideration of the disqualification under sections 245C.21 to
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245C.27, reconsideration of the maltreatment determination and reconsideration of the disqualification shall be consolidated into a single reconsideration. If reconsideration of the maltreatment determination is denied and the individual remains disqualified following a reconsideration decision, the individual may request a fair hearing under section 256.045. If an individual requests a fair hearing on the maltreatment determination and the disqualification, the scope of the fair hearing shall include both the maltreatment determination and the disqualification.
(f) If a maltreatment determination or a disqualification based on serious or recurring maltreatment is the basis for a denial of a license under section 245A.05 or a licensing sanction under section 245A.07, the license holder has the right to a contested case hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. As provided for under section 245A.08, subdivision 2a, the scope of the contested case hearing shall include the maltreatment determination, disqualification, and licensing sanction or denial of a license. In such cases, a fair hearing regarding the maltreatment determination and disqualification shall not be conducted under section 256.045. Except for family child care and child foster care, reconsideration of a maltreatment determination as provided under this subdivision, and reconsideration of a disqualification as provided under section 245C.22, shall also not be conducted when:
(1) a denial of a license under section 245A.05 or a licensing sanction under section 245A.07, is based on a determination that the license holder is responsible for maltreatment or the disqualification of a license holder based on serious or recurring maltreatment;
(2) the denial of a license or licensing sanction is issued at the same time as the maltreatment determination or disqualification; and
(3) the license holder appeals the maltreatment determination or disqualification, and denial of a license or licensing sanction.
Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment determination or disqualification, but does not appeal the denial of a license or a licensing sanction, reconsideration of the maltreatment determination shall be conducted under sections 626.556, subdivision 10i, and 626.557, subdivision 9d, and reconsideration of the disqualification shall be conducted under section 245C.22. In such cases, a fair hearing shall also be conducted as provided under sections 245C.27, 626.556, subdivision 10i, and 626.557, subdivision 9d.
If the disqualified subject is an individual other than the license holder and upon whom a background study must be conducted under chapter 245C, the hearings of all parties may be consolidated into a single contested case hearing upon consent of all parties and the administrative law judge.
(g) For purposes of this subdivision, "interested person acting on behalf of the child" means a parent or legal guardian; stepparent; grandparent; guardian ad litem; adult stepbrother, stepsister, or sibling; or adult aunt or uncle; unless the person has been determined to be the perpetrator of the maltreatment.
Sec. 12. Minnesota Statutes 2010, section 626.556, subdivision 10k, is amended to read:
Subd. 10k. Release of certain assessment or investigative records to other counties. Records maintained under subdivision 11c, paragraph (a), may be shared with another local welfare agency that requests the information because it is conducting an assessment or investigation under this section of the subject of the records.
Sec. 13. REVISOR'S INSTRUCTION.
(a) The revisor of statutes shall renumber each section
of Minnesota Statutes listed in column A with the number listed in column B.
(b) The revisor of statutes shall make
necessary cross-reference changes in Minnesota Statutes and Minnesota Rules consistent
with the numbering in articles 1 and 2 and the renumbering in paragraph (a).
Sec. 14. REPEALER.
(a) Minnesota Statutes 2010, sections
256.022; 259.67; 259.71; 260C.201, subdivision 11; 260C.215, subdivision 2; and
260C.456, are repealed.
(b) Minnesota Rules, parts 9560.0071;
9560.0082; 9560.0083; 9560.0091; 9560.0093, subparts 1, 3, and 4; 9560.0101;
and 9560.0102, are repealed.
Sec. 15. EFFECTIVE
DATE.
This article is effective August 1,
2012.
ARTICLE 7
CHILD CARE
Section 1. Minnesota Statutes 2010, 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 received by the county;
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.
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(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.
Sec. 2. Minnesota Statutes 2010, section 119B.12, subdivision 1, is amended to read:
Subdivision 1. Fee schedule. All changes to parent fees must be implemented on the first Monday of the service period following the effective date of the change.
PARENT FEE SCHEDULE. The parent fee schedule is as follows, except as noted in subdivision 2:
|
Income Range (as a percent of the state median income, except at the start of the first tier) |
Co-payment (as a percentage of adjusted gross income) |
|
|
|
|
0-74.99% of federal poverty guidelines |
$0/ |
|
75.00-99.99% of federal poverty guidelines |
$ |
|
100.00% of federal poverty guidelines-27.72% |
2.61% |
|
27.73-29.04% |
2.61% |
|
29.05-30.36% |
2.61% |
|
30.37-31.68% |
2.61% |
|
31.69-33.00% |
2.91% |
|
33.01-34.32% |
2.91% |
|
34.33-35.65% |
2.91% |
|
35.66-36.96% |
2.91% |
|
36.97-38.29% |
3.21% |
|
38.30-39.61% |
3.21% |
|
39.62-40.93% |
3.21% |
|
40.94-42.25% |
3.84% |
|
42.26-43.57% |
3.84% |
|
43.58-44.89% |
4.46% |
|
44.90-46.21% |
4.76% |
|
46.22-47.53% |
5.05% |
|
47.54-48.85% |
5.65% |
|
48.86-50.17% |
5.95% |
|
50.18-51.49% |
6.24% |
|
51.50-52.81% |
6.84% |
|
52.82-54.13% |
7.58% |
|
54.14-55.45% |
8.33% |
|
55.46-56.77% |
9.20% |
|
56.78-58.09% |
10.07% |
|
58.10-59.41% |
10.94% |
|
59.42-60.73% |
11.55% |
|
60.74-62.06% |
12.16% |
|
62.07-63.38% |
12.77% |
|
63.39-64.70% |
13.38% |
|
64.71- |
14.00% |
|
Greater than 67.00% |
ineligible |
A family's monthly biweekly
co-payment fee is the fixed percentage established for the income range multiplied
by the highest possible income within that income range.
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Sec. 3. Minnesota Statutes 2010, section 119B.12, subdivision 2, is amended to read:
Subd. 2. Parent fee.
A family must be assessed a parent fee for each service period. A family's parent fee must be a fixed
percentage of its annual gross income.
Parent fees must apply to families eligible for child care assistance
under sections 119B.03 and 119B.05. Income
must be as defined in section 119B.011, subdivision 15. The fixed percent is based on the
relationship of the family's annual gross income to 100 percent of the annual
state median income. Parent fees must
begin at 75 percent of the poverty level.
The minimum parent fees for families between 75 percent and 100 percent
of poverty level must be $5 per month $2 per biweekly period. Parent fees must provide for graduated
movement to full payment. Payment of
part or all of a family's parent fee directly to the family's child care
provider on behalf of the family by a source other than the family shall not
affect the family's eligibility for child care assistance, and the amount paid
shall be excluded from the family's income.
Child care providers who accept third-party payments must maintain
family specific documentation of payment source, amount, and time period
covered by the payment.
Sec. 4. Minnesota Statutes 2010, section 119B.125, subdivision 1a, is amended to read:
Subd. 1a. Background study required. This subdivision only applies to legal,
nonlicensed family child care providers.
Prior to authorization, and as part of each reauthorization required in
subdivision 1, the county shall perform a background study on every member of
the provider's household who is age 13 and older. The background study shall be conducted
according to the procedures under subdivision 2. The county shall also perform a background
study on an individual who has reached age ten but is not yet age 13 and is
living in the household where the nonlicensed child care will be provided when
the county has reasonable cause as defined under section 245C.02, subdivision
15.
Sec. 5. Minnesota Statutes 2010, section 119B.125, subdivision 2, is amended to read:
Subd. 2. Persons who cannot be authorized. (a) When any member of the legal,
nonlicensed family child care provider's household meets any of the conditions
under paragraphs (b) to (n), the provider must not be authorized as a legal
nonlicensed family child care provider.
To determine whether any of the listed conditions exist, the county must
request information about the provider and other household members for whom a
background study is required under subdivision 1a from the Bureau of Criminal
Apprehension, the juvenile courts, and social service agencies. When one of the listed entities does not
maintain information on a statewide basis, the county must contact the entity
in the county where the provider resides and any other county in which the
provider or any household member previously resided in the past year. For purposes of this subdivision, a finding
that a delinquency petition is proven in juvenile court must be considered a
conviction in state district court. The
provider seeking authorization under this section shall collect the information
required under section 245C.05, subdivision 1, and forward the information to
the county agency. The background study
must include a review of the information required under section 245C.08,
subdivisions 2, 3, and 4, paragraph (b).
A nonlicensed family child care provider is not authorized under this
section if any household member who is the subject of a background study is
determined to have a disqualifying characteristic under paragraphs (b) to (e)
or under section 245C.14 or 245C.15.
If a county has determined that a provider is able to be authorized in
that county, and a family in another county later selects that provider, the
provider is able to be authorized in the second county without undergoing a new
background investigation unless one of the following conditions exists:
(1) two years have passed since the first authorization;
(2) another person age 13 or older has joined the provider's household since the last authorization;
(3) a current household member has turned 13 since the last authorization; or
(4) there is reason to believe that a household member has a factor that prevents authorization.
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(b) The person has been convicted of one of the following
offenses or has admitted to committing or a preponderance of the evidence
indicates that the person has committed an act that meets the definition of one
of the following offenses: sections
609.185 to 609.195, murder in the first, second, or third degree; 609.2661 to
609.2663, murder of an unborn child in the first, second, or third degree;
609.322, solicitation, inducement, promotion of prostitution, or receiving
profit from prostitution; 609.342 to 609.345, criminal sexual conduct in the
first, second, third, or fourth degree; 609.352, solicitation of children to
engage in sexual conduct; 609.365, incest; 609.377, felony malicious punishment
of a child; 617.246, use of minors in sexual performance; 617.247, possession
of pictorial representation of a minor; 609.2242 to 609.2243, felony domestic
assault; a felony offense of spousal abuse; a felony offense of child abuse or
neglect; a felony offense of a crime against children; or an attempt or
conspiracy to commit any of these offenses as defined in Minnesota Statutes; or
an offense in any other state or country where the elements are substantially
similar to any of the offenses listed in this paragraph.
(c) Less than 15 years have passed since the discharge of
the sentence imposed for the offense and the person has received a felony
conviction for one of the following offenses, or the person has admitted to
committing or a preponderance of the evidence indicates that the person has
committed an act that meets the definition of a felony conviction for one of
the following offenses: sections 609.20
to 609.205, manslaughter in the first or second degree; 609.21, criminal
vehicular homicide; 609.215, aiding suicide or aiding attempted suicide;
609.221 to 609.2231, assault in the first, second, third, or fourth degree;
609.224, repeat offenses of fifth-degree assault; 609.228, great bodily harm
caused by distribution of drugs; 609.2325, criminal abuse of a vulnerable
adult; 609.2335, financial exploitation of a vulnerable adult; 609.235, use of
drugs to injure or facilitate a crime; 609.24, simple robbery; 617.241, repeat
offenses of obscene materials and performances; 609.245, aggravated robbery;
609.25, kidnapping; 609.255, false imprisonment; 609.2664 to 609.2665,
manslaughter of an unborn child in the first or second degree; 609.267 to
609.2672, assault of an unborn child in the first, second, or third degree;
609.268, injury or death of an unborn child in the commission of a crime;
609.27, coercion; 609.275, attempt to coerce; 609.324, subdivision 1, other
prohibited acts, minor engaged in prostitution; 609.3451, repeat offenses of
criminal sexual conduct in the fifth degree; 609.378, neglect or endangerment
of a child; 609.52, theft; 609.521, possession of shoplifting gear; 609.561 to
609.563, arson in the first, second, or third degree; 609.582, burglary in the
first, second, third, or fourth degree; 609.625, aggravated forgery; 609.63,
forgery; 609.631, check forgery, offering a forged check; 609.635, obtaining
signature by false pretenses; 609.66, dangerous weapon; 609.665, setting a
spring gun; 609.67, unlawfully owning, possessing, or operating a machine gun;
609.687, adulteration; 609.71, riot; 609.713, terrorist threats; 609.749,
stalking; 260C.301, termination of parental rights; 152.021 to 152.022 and
152.0262, controlled substance crime in the first or second degree; 152.023,
subdivision 1, clause (3) or (4), or 152.023, subdivision 2, clause (4),
controlled substance crime in third degree; 152.024, subdivision 1, clause (2),
(3), or (4), controlled substance crime in fourth degree; 617.23, repeat
offenses of indecent exposure; an attempt or conspiracy to commit any of these
offenses as defined in Minnesota Statutes; or an offense in any other state or
country where the elements are substantially similar to any of the offenses
listed in this paragraph.
(d) Less than ten years have passed since the discharge of
the sentence imposed for the offense and the person has received a gross
misdemeanor conviction for one of the following offenses or the person has
admitted to committing or a preponderance of the evidence indicates that the
person has committed an act that meets the definition of a gross misdemeanor
conviction for one of the following offenses:
sections 609.224, fifth-degree assault; 609.2242 to 609.2243, domestic
assault; 518B.01, subdivision 14, violation of an order for protection; 609.3451,
fifth-degree criminal sexual conduct; 609.746, repeat offenses of interference
with privacy; 617.23, repeat offenses of indecent exposure; 617.241, obscene
materials and performances; 617.243, indecent literature, distribution;
617.293, disseminating or displaying harmful material to minors; 609.71, riot;
609.66, dangerous weapons; 609.749, stalking; 609.224, subdivision 2, paragraph
(c), fifth-degree assault against a vulnerable adult by a caregiver; 609.23,
mistreatment of persons confined; 609.231, mistreatment of residents or
patients; 609.2325, criminal abuse of a vulnerable adult; 609.2335, financial
exploitation of a vulnerable adult; 609.233, criminal neglect of a vulnerable
adult; 609.234, failure to report maltreatment of a vulnerable adult; 609.72,
subdivision 3, disorderly conduct against a vulnerable adult; 609.265,
abduction; 609.378, neglect or endangerment of a child; 609.377, malicious
punishment of a child; 609.324, subdivision 1a, other prohibited acts, minor
engaged in
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prostitution; 609.33, disorderly house; 609.52, theft;
609.582, burglary in the first, second, third, or fourth degree; 609.631, check
forgery, offering a forged check; 609.275, attempt to coerce; an attempt or
conspiracy to commit any of these offenses as defined in Minnesota Statutes; or
an offense in any other state or country where the elements are substantially
similar to any of the offenses listed in this paragraph.
(e) Less than seven years have passed
since the discharge of the sentence imposed for the offense and the person has
received a misdemeanor conviction for one of the following offenses or the
person has admitted to committing or a preponderance of the evidence indicates
that the person has committed an act that meets the definition of a misdemeanor
conviction for one of the following offenses:
sections 609.224, fifth-degree assault; 609.2242, domestic assault;
518B.01, violation of an order for protection; 609.3232, violation of an order
for protection; 609.746, interference with privacy; 609.79, obscene or
harassing telephone calls; 609.795, letter, telegram, or package opening,
harassment; 617.23, indecent exposure; 609.2672, assault of an unborn child,
third degree; 617.293, dissemination and display of harmful materials to
minors; 609.66, dangerous weapons; 609.665, spring guns; an attempt or
conspiracy to commit any of these offenses as defined in Minnesota Statutes; or
an offense in any other state or country where the elements are substantially
similar to any of the offenses listed in this paragraph.
(f) The person has been identified by the
child protection agency in the county where the provider resides or a county
where the provider has resided or by the statewide child protection database as
a person found by a preponderance of evidence under section 626.556 to be
responsible for physical or sexual abuse of a child within the last seven
years.
(g) The person has been identified by the
adult protection agency in the county where the provider resides or a county
where the provider has resided or by the statewide adult protection database as
the person responsible for abuse or neglect of a vulnerable adult within the
last seven years.
(h) (b) The person has refused
to give written consent for disclosure of criminal history records.
(i) (c) The person has been
denied a family child care license or has received a fine or a sanction as a
licensed child care provider that has not been reversed on appeal.
(j) (d) The person has a
family child care licensing disqualification that has not been set aside.
(k) (e) The person has
admitted or a county has found that there is a preponderance of evidence that
fraudulent information was given to the county for child care assistance
application purposes or was used in submitting child care assistance bills for
payment.
(l) The person has been convicted of the
crime of theft by wrongfully obtaining public assistance or has been found guilty
of wrongfully obtaining public assistance by a federal court, state court, or
an administrative hearing determination or waiver, through a disqualification
consent agreement, as part of an approved diversion plan under section 401.065,
or a court-ordered stay with probationary or other conditions.
(m) The person has a household member age
13 or older who has access to children during the hours that care is provided
and who meets one of the conditions listed in paragraphs (b) to (l).
(n) The person has a household member
ages ten to 12 who has access to children during the hours that care is
provided; information or circumstances exist which provide the county with
articulable suspicion that further pertinent information may exist showing the
household member meets one of the conditions listed in paragraphs (b) to (l);
and the household member actually meets one of the conditions listed in
paragraphs (b) to (l).
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Sec. 6. Minnesota Statutes 2010, section 119B.125, subdivision 6, is amended to read:
Subd. 6. Record-keeping requirement. All providers receiving child care assistance payments must keep daily attendance records for children receiving child care assistance and must make those records available immediately to the county upon request. The attendance records must be completed daily and include the date, the first and last name of each child in attendance, and the times when each child is dropped off and picked up. To the extent possible, the times that the child was dropped off to and picked up from the child care provider must be entered by the person dropping off or picking up the child. The daily attendance records must be retained for six years after the date of service. A county may deny authorization as a child care provider to any applicant or rescind authorization of any provider when the county knows or has reason to believe that the provider has not complied with the record-keeping requirement in this subdivision.
Sec. 7. Minnesota Statutes 2011 Supplement, section 119B.13, subdivision 1, is amended to read:
Subdivision 1. Subsidy restrictions. (a) Beginning October 31, 2011, the maximum rate paid for child care assistance in any county or multicounty region under the child care fund shall be the rate for like-care arrangements in the county effective July 1, 2006, decreased by 2.5 percent.
(b) Every year Biennially
beginning in 2012, the commissioner shall survey rates charged by child
care providers in Minnesota to determine the 75th percentile for like-care
arrangements in counties. When the
commissioner determines that, using the commissioner's established protocol,
the number of providers responding to the survey is too small to determine the
75th percentile rate for like-care arrangements in a county or multicounty
region, the commissioner may establish the 75th percentile maximum rate based
on like-care arrangements in a county, region, or category that the
commissioner deems to be similar.
(c) A rate which includes a special needs rate paid under subdivision 3 or under a school readiness service agreement paid under section 119B.231, may be in excess of the maximum rate allowed under this subdivision.
(d) The department shall monitor the effect of this paragraph on provider rates. The county shall pay the provider's full charges for every child in care up to the maximum established. The commissioner shall determine the maximum rate for each type of care on an hourly, full-day, and weekly basis, including special needs and disability care. The maximum payment to a provider for one day of care must not exceed the daily rate. The maximum payment to a provider for one week of care must not exceed the weekly rate.
(e) Child care providers receiving reimbursement under this chapter must not be paid activity fees or an additional amount above the maximum rates for care provided during nonstandard hours for families receiving assistance.
(f) When the provider charge is greater than the maximum provider rate allowed, the parent is responsible for payment of the difference in the rates in addition to any family co-payment fee.
(g) All maximum provider rates changes shall be implemented on the Monday following the effective date of the maximum provider rate.
Sec. 8. Minnesota Statutes 2010, section 119B.13, subdivision 6, is amended to read:
Subd. 6. Provider payments. (a) The provider shall bill 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, payments under the child care fund shall be made 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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(b) 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 bill submitted more than 60 days after the last date of service must be paid if the county determines that the provider has shown 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. Any bill submitted more than a year after the last date of service on the bill must not be paid.
(c) 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.
(d) A county may refuse to issue a child
care authorization to a licensed or legal nonlicensed provider, revoke an
existing child care authorization to a licensed or legal nonlicensed provider,
stop payment issued to a licensed or legal nonlicensed provider,
or may refuse to pay a bill submitted by a licensed or legal
nonlicensed 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.;
(3) the provider is in violation of
licensing or child care assistance program rules and the provider has not
corrected the violation;
(4) the provider submits false
attendance reports or refuses to provide documentation of the child's
attendance upon request; or
(5) the provider gives false child care
price information.
(e) 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.
Sec. 9. CHILD
CARE ASSISTANCE PROGRAM RULE CHANGE.
The commissioner shall amend Minnesota
Rules, part 3400.0035, subpart 2, to remove the requirement that applications
must be submitted by mail or delivered to the agency within 15 calendar days
after the date of signature. The
commissioner shall comply with Minnesota Statutes, section 14.389, in adopting
the amendment.
ARTICLE 8
SIMPLIFICATION OF MFIP AND DWP
Section 1. Minnesota Statutes 2010, section 256J.08, subdivision 11, is amended to read:
Subd. 11. Caregiver. "Caregiver" means a minor
child's natural birth or adoptive parent or parents and
stepparent who live in the home with the minor child. For purposes of determining eligibility for
this program, caregiver also means any of the following individuals, if adults,
who live with and provide care and support to a minor child when the minor
child's natural birth or adoptive parent or parents or
stepparents do not reside in the same home:
legal custodian or guardian, grandfather, grandmother, brother, sister,
half brother, half sister, stepbrother, stepsister, uncle, aunt, first cousin
or first cousin once removed, nephew, niece, person of preceding generation as
denoted by prefixes of "great," "great-great," or
"great-great-great," or a spouse of any person named in the above
groups even after the marriage ends by death or divorce.
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Sec. 2. Minnesota Statutes 2010, section 256J.24, subdivision 2, is amended to read:
Subd. 2. Mandatory assistance unit composition. Except for minor caregivers and their children who must be in a separate assistance unit from the other persons in the household, when the following individuals live together, they must be included in the assistance unit:
(1) a minor child, including a pregnant minor;
(2) the minor child's minor siblings, minor half siblings, and minor stepsiblings;
(3) the minor child's natural birth
parents, adoptive parents, and stepparents; and
(4) the spouse of a pregnant woman.
A minor child must have a caregiver for the child to be included in the assistance unit.
Sec. 3. Minnesota Statutes 2010, section 256J.32, subdivision 6, is amended to read:
Subd. 6.
Recertification. (a) The county agency shall
recertify eligibility in an annual face-to-face interview with the participant and. The county agency may waive the face-to-face
interview and conduct a phone interview for participants who qualify under
paragraph (b). During the interview the
county agency shall verify the following:
(1) presence of the minor child in the home, if questionable;
(2) income, unless excluded, including self-employment expenses used as a deduction or deposits or withdrawals from business accounts;
(3) assets when the value is within $200 of the asset limit;
(4) information to establish an exception under section 256J.24, subdivision 9, if questionable;
(5) inconsistent information, if related to eligibility; and
(6) whether a single caregiver household meets requirements in section 256J.575, subdivision 3.
(b) A participant who is employed any
number of hours must be given the option of conducting a face-to-face or phone
interview to recertify eligibility. The
participant must be employed at the time the interview is scheduled. If the participant loses the participant's
job between the time the interview is scheduled and when it is to be conducted,
the phone interview may still be conducted.
EFFECTIVE
DATE. This section is
effective October 1, 2012.
Sec. 4. Minnesota Statutes 2010, section 256J.575, subdivision 1, is amended to read:
Subdivision 1. Purpose. (a) The Family stabilization
services serve families who are not making significant progress within the regular
employment and training services track of the Minnesota family investment
program (MFIP) due to a variety of barriers to employment.
(b) The goal of the services is to
stabilize and improve the lives of families at risk of long-term welfare
dependency or family instability due to employment barriers such as physical
disability, mental disability, age, or providing care for a disabled household
member. These services promote and
support families to achieve the greatest possible degree of self-sufficiency.
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Sec. 5. Minnesota Statutes 2010, section 256J.575, subdivision 2, is amended to read:
Subd. 2. Definitions. The terms used in this section have the
meanings given them in paragraphs (a) to (d) and (b).
(a) "Case manager" means the county-designated
staff person or employment services counselor.
(b) "Case management" "Family
stabilization services" means the services programs,
activities, and services provided by or through the county agency or
through the employment services agency to participating families, including. Services include, but are not limited to,
assessment as defined in section 256J.521, subdivision 1, information,
referrals, and assistance in the preparation and implementation of a family
stabilization plan under subdivision 5.
(c) (b) "Family stabilization plan"
means a plan developed by a case manager and with the
participant, which identifies the participant's most appropriate path to
unsubsidized employment, family stability, and barrier reduction, taking into
account the family's circumstances.
(d) "Family stabilization services" means
programs, activities, and services in this section that provide participants
and their family members with assistance regarding, but not limited to:
(1) obtaining and retaining unsubsidized employment;
(2) family stability;
(3) economic stability; and
(4) barrier reduction.
The goal of the services is to achieve the greatest degree
of economic self-sufficiency and family well-being possible for the family
under the circumstances.
Sec. 6. Minnesota Statutes 2010, section 256J.575, subdivision 5, is amended to read:
Subd. 5. Case management; Family
stabilization plans; coordinated services. (a) The county agency or employment
services provider shall provide family stabilization services to families
through a case management model. A case
manager shall be assigned to each participating family within 30 days after the
family is determined to be eligible for family stabilization services. The case manager, with the full involvement
of the participant, shall recommend, and the county agency shall establish and
modify as necessary, a family stabilization plan for each participating
family. Once a participant has been
determined eligible for family stabilization services, the county agency or
employment services provider must attempt to meet with the participant to
develop a plan within 30 days.
(b) If a participant is already assigned to a county case manager or a county-designated case manager in social services, disability services, or housing services that case manager already assigned may be the case manager for purposes of these services.
(b) The family stabilization plan must include:
(1) each participant's plan for long-term self-sufficiency,
including an employment goal where applicable;
(2) an assessment of each participant's strengths and
barriers, and any special circumstances of the participant's family that
impact, or are likely to impact, the participant's progress towards the goals
in the plan; and
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(3) an identification of the services,
supports, education, training, and accommodations needed to reduce or overcome
any barriers to enable the family to achieve self-sufficiency and to fulfill
each caregiver's personal and family responsibilities.
(c) The case manager and the participant
shall meet within 30 days of the family's referral to the case manager. The initial family stabilization plan must be
completed within 30 days of the first meeting with the case manager. The case manager shall establish a schedule
for periodic review of the family stabilization plan that includes personal
contact with the participant at least once per month. In addition, the case manager shall review
and, if necessary, modify the plan under the following circumstances:
(1) there is a lack of satisfactory
progress in achieving the goals of the plan;
(2) the participant has lost unsubsidized
or subsidized employment;
(3) a family member has failed or is
unable to comply with a family stabilization plan requirement;
(4) services, supports, or other
activities required by the plan are unavailable;
(5) changes to the plan are needed to
promote the well-being of the children; or
(6) the participant and case manager
determine that the plan is no longer appropriate for any other reason. Participants determined eligible for
family stabilization services must have access to employment and training
services under sections 256J.515 to 256J.575, to the extent these services are
available to other MFIP participants.
Sec. 7. Minnesota Statutes 2010, section 256J.575, subdivision 6, is amended to read:
Subd. 6. Cooperation
with services requirements. (a)
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, based on
the needs of the participant and the participant's family, 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.
(c) The case manager county
agency or employment services agency 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. 8. Minnesota Statutes 2010, section 256J.575, subdivision 8, is amended to read:
Subd. 8. Funding. (a) The commissioner of human services shall treat MFIP expenditures made to or on behalf of any minor child under this section, who is part of a household that meets criteria in subdivision 3, as expenditures under a separately funded state program. These expenditures shall not count toward the state's maintenance of effort requirements under the federal TANF program.
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(b) A family is no longer part of a
separately funded program under this section if the caregiver no longer meets
the criteria for family stabilization services in subdivision 3, or if it is
determined at recertification that a caregiver with a child under the age of
six is working at least 87 hours per month in paid or unpaid employment, or a
caregiver without a child under the age of six is working at least 130 hours
per month in paid or unpaid employment, whichever occurs sooner.
Sec. 9. Minnesota Statutes 2010, 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 $25 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. 10. Minnesota Statutes 2010, section 256J.68, subdivision 7, is amended to read:
Subd. 7. Exclusive
procedure. The procedure established
by this section is exclusive of all other legal, equitable, and statutory
remedies against the state, its political subdivisions, or employees of the
state or its political subdivisions. The
claimant shall not be entitled to seek damages from any state, county, tribal,
or reservation insurance policy or self-insurance program. A provider who accepts or agrees to accept
an injury protection program payment for services provided to an individual
must not require any payment from the individual.
Sec. 11. Minnesota Statutes 2010, 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 in clauses (1)
to (8), 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 or individuals that are not eligible for the diversionary work program
include:
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(1) child only cases;
(2) a single-parent family unit
units that includes include a child under 12 months of
age. A parent is eligible for this
exception once in a parent's lifetime;
(3) family units with a minor parent without a high school diploma or its equivalent;
(4) family units with 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) (5) family units with a
caregiver who received DWP benefits in within the 12 months prior
to the month the family applied for DWP, except as provided in paragraph (c);
(7) (6) family units with a caregiver
who received MFIP within the 12 months prior to the month the family unit
applied for DWP;
(8) a (7) family unit units
with a caregiver who received 60 or more months of TANF assistance; and
(9) (8) family units with a
caregiver who is disqualified from the work participation cash benefit program,
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.
ARTICLE 9
CONTINUING CARE
Section 1. Minnesota Statutes 2011 Supplement, section 144A.071, subdivision 3, is amended to read:
Subd. 3. Exceptions authorizing increase in beds; hardship areas. (a) The commissioner of health, in coordination with the commissioner of human services, may approve the addition of new licensed and Medicare and Medicaid certified nursing home beds, using the criteria and process set forth in this subdivision.
(b) The commissioner, in cooperation with the commissioner of human services, shall consider the following criteria when determining that an area of the state is a hardship area with regard to access to nursing facility services:
(1) a low number of beds per thousand in a specified area using as a standard the beds per thousand people age 65 and older, in five year age groups, using data from the most recent census and population projections, weighted by each group's most recent nursing home utilization, of the county at the 20th percentile, as determined by the commissioner of human services;
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(2) a high level of out-migration for nursing facility services associated with a described area from the county or counties of residence to other Minnesota counties, as determined by the commissioner of human services, using as a standard an amount greater than the out-migration of the county ranked at the 50th percentile;
(3) an adequate level of availability of noninstitutional long-term care services measured as public spending for home and community-based long-term care services per individual age 65 and older, in five year age groups, using data from the most recent census and population projections, weighted by each group's most recent nursing home utilization, as determined by the commissioner of human services using as a standard an amount greater than the 50th percentile of counties;
(4) there must be a declaration of hardship resulting from insufficient access to nursing home beds by local county agencies and area agencies on aging; and
(5) other factors that may demonstrate the need to add new nursing facility beds.
(c) On August 15 of odd-numbered years, the commissioner, in cooperation with the commissioner of human services, may publish in the State Register a request for information in which interested parties, using the data provided under section 144A.351, along with any other relevant data, demonstrate that a specified area is a hardship area with regard to access to nursing facility services. For a response to be considered, the commissioner must receive it by November 15. The commissioner shall make responses to the request for information available to the public and shall allow 30 days for comment. The commissioner shall review responses and comments and determine if any areas of the state are to be declared hardship areas.
(d) For each designated hardship area determined in
paragraph (c), the commissioner shall publish a request for proposals in
accordance with section 144A.073 and Minnesota Rules, parts 4655.1070 to
4655.1098. The request for proposals
must be published in the State Register by March 15 following receipt of
responses to the request for information.
The request for proposals must specify the number of new beds which may
be added in the designated hardship area, which must not exceed the number
which, if added to the existing number of beds in the area, including beds in
layaway status, would have prevented it from being determined to be a hardship
area under paragraph (b), clause (1).
Beginning July 1, 2011, the number of new beds approved must not exceed
200 beds statewide per biennium. After
June 30, 2019, the number of new beds that may be approved in a biennium must
not exceed 300 statewide. For a proposal
to be considered, the commissioner must receive it within six months of the
publication of the request for proposals.
The commissioner shall review responses to the request for proposals and
shall approve or disapprove each proposal by the following July 15, in
accordance with section 144A.073 and Minnesota Rules, parts 4655.1070 to
4655.1098. The commissioner shall base
approvals or disapprovals on a comparison and ranking of proposals using only
the criteria in subdivision 4a. Approval
of a proposal expires after 18 months unless the facility has added the new
beds using existing space, subject to approval by the commissioner, or has
commenced construction as defined in section 144A.071, subdivision 1a,
paragraph (d). Operating If,
after the approved beds have been added, fewer than 50 percent of the beds in a
facility are newly licensed, the operating payment rates previously in effect
shall remain. If, after the approved
beds have been added, 50 percent or more of the beds in a facility are newly
licensed, operating payment rates shall be determined according to Minnesota
Rules, part 9549.0057, using the limits under section 256B.441. External fixed payment rates must be
determined according to section 256B.441, subdivision 53. Property payment rates for facilities with
beds added under this subdivision must be determined in the same manner as rate
determinations resulting from projects approved and completed under section
144A.073.
(e) The commissioner may:
(1) certify or license new beds in a new facility that is to be operated by the commissioner of veterans affairs or when the costs of constructing and operating the new beds are to be reimbursed by the commissioner of veterans affairs or the United States Veterans Administration; and
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(2) license or certify beds in a facility that has been involuntarily delicensed or decertified for participation in the medical assistance program, provided that an application for relicensure or recertification is submitted to the commissioner by an organization that is not a related organization as defined in section 256B.441, subdivision 34, to the prior licensee within 120 days after delicensure or decertification.
Sec. 2. Minnesota Statutes 2011 Supplement, section 144A.071, subdivision 4a, is amended to read:
Subd. 4a. Exceptions for replacement beds. It is in the best interest of the state to ensure that nursing homes and boarding care homes continue to meet the physical plant licensing and certification requirements by permitting certain construction projects. Facilities should be maintained in condition to satisfy the physical and emotional needs of residents while allowing the state to maintain control over nursing home expenditure growth.
The commissioner of health in coordination with the commissioner of human services, may approve the renovation, replacement, upgrading, or relocation of a nursing home or boarding care home, under the following conditions:
(a) to license or certify beds in a new facility constructed to replace a facility or to make repairs in an existing facility that was destroyed or damaged after June 30, 1987, by fire, lightning, or other hazard provided:
(i) destruction was not caused by the intentional act of or at the direction of a controlling person of the facility;
(ii) at the time the facility was destroyed or damaged the controlling persons of the facility maintained insurance coverage for the type of hazard that occurred in an amount that a reasonable person would conclude was adequate;
(iii) the net proceeds from an insurance settlement for the damages caused by the hazard are applied to the cost of the new facility or repairs;
(iv) the number of licensed and certified beds in the new facility does not exceed the number of licensed and certified beds in the destroyed facility; and
(v) the commissioner determines that the replacement beds are needed to prevent an inadequate supply of beds.
Project construction costs incurred for repairs authorized under this clause shall not be considered in the dollar threshold amount defined in subdivision 2;
(b) to license or certify beds that are moved from one location to another within a nursing home facility, provided the total costs of remodeling performed in conjunction with the relocation of beds does not exceed $1,000,000;
(c) to license or certify beds in a project recommended for approval under section 144A.073;
(d) to license or certify beds that are moved from an existing state nursing home to a different state facility, provided there is no net increase in the number of state nursing home beds;
(e) to certify and license as nursing home beds boarding care beds in a certified boarding care facility if the beds meet the standards for nursing home licensure, or in a facility that was granted an exception to the moratorium under section 144A.073, and if the cost of any remodeling of the facility does not exceed $1,000,000. If boarding care beds are licensed as nursing home beds, the number of boarding care beds in the facility must not increase beyond the number remaining at the time of the upgrade in licensure. The provisions contained in section 144A.073 regarding the upgrading of the facilities do not apply to facilities that satisfy these requirements;
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(f) to license and certify up to 40 beds transferred from an existing facility owned and operated by the Amherst H. Wilder Foundation in the city of St. Paul to a new unit at the same location as the existing facility that will serve persons with Alzheimer's disease and other related disorders. The transfer of beds may occur gradually or in stages, provided the total number of beds transferred does not exceed 40. At the time of licensure and certification of a bed or beds in the new unit, the commissioner of health shall delicense and decertify the same number of beds in the existing facility. As a condition of receiving a license or certification under this clause, the facility must make a written commitment to the commissioner of human services that it will not seek to receive an increase in its property-related payment rate as a result of the transfers allowed under this paragraph;
(g) to license and certify nursing home beds to replace currently licensed and certified boarding care beds which may be located either in a remodeled or renovated boarding care or nursing home facility or in a remodeled, renovated, newly constructed, or replacement nursing home facility within the identifiable complex of health care facilities in which the currently licensed boarding care beds are presently located, provided that the number of boarding care beds in the facility or complex are decreased by the number to be licensed as nursing home beds and further provided that, if the total costs of new construction, replacement, remodeling, or renovation exceed ten percent of the appraised value of the facility or $200,000, whichever is less, the facility makes a written commitment to the commissioner of human services that it will not seek to receive an increase in its property-related payment rate by reason of the new construction, replacement, remodeling, or renovation. The provisions contained in section 144A.073 regarding the upgrading of facilities do not apply to facilities that satisfy these requirements;
(h) to license as a nursing home and certify as a nursing facility a facility that is licensed as a boarding care facility but not certified under the medical assistance program, but only if the commissioner of human services certifies to the commissioner of health that licensing the facility as a nursing home and certifying the facility as a nursing facility will result in a net annual savings to the state general fund of $200,000 or more;
(i) to certify, after September 30, 1992, and prior to July 1, 1993, existing nursing home beds in a facility that was licensed and in operation prior to January 1, 1992;
(j) to license and certify new nursing home beds to replace beds in a facility acquired by the Minneapolis Community Development Agency as part of redevelopment activities in a city of the first class, provided the new facility is located within three miles of the site of the old facility. Operating and property costs for the new facility must be determined and allowed under section 256B.431 or 256B.434;
(k) to license and certify up to 20 new nursing home beds in a community-operated hospital and attached convalescent and nursing care facility with 40 beds on April 21, 1991, that suspended operation of the hospital in April 1986. The commissioner of human services shall provide the facility with the same per diem property-related payment rate for each additional licensed and certified bed as it will receive for its existing 40 beds;
(l) to license or certify beds in renovation, replacement, or upgrading projects as defined in section 144A.073, subdivision 1, so long as the cumulative total costs of the facility's remodeling projects do not exceed $1,000,000;
(m) to license and certify beds that are moved from one location to another for the purposes of converting up to five four-bed wards to single or double occupancy rooms in a nursing home that, as of January 1, 1993, was county-owned and had a licensed capacity of 115 beds;
(n) to allow a facility that on April 16, 1993, was a 106-bed licensed and certified nursing facility located in Minneapolis to layaway all of its licensed and certified nursing home beds. These beds may be relicensed and recertified in a newly constructed teaching nursing home facility affiliated with a teaching hospital upon approval by the legislature. The proposal must be developed in consultation with the interagency committee on long-term care planning. The beds on layaway status shall have the same status as voluntarily delicensed and decertified beds, except that beds on layaway status remain subject to the surcharge in section 256.9657. This layaway provision expires July 1, 1998;
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(o) to allow a project which will be completed in conjunction with an approved moratorium exception project for a nursing home in southern Cass County and which is directly related to that portion of the facility that must be repaired, renovated, or replaced, to correct an emergency plumbing problem for which a state correction order has been issued and which must be corrected by August 31, 1993;
(p) to allow a facility that on April 16, 1993, was a 368-bed licensed and certified nursing facility located in Minneapolis to layaway, upon 30 days prior written notice to the commissioner, up to 30 of the facility's licensed and certified beds by converting three-bed wards to single or double occupancy. Beds on layaway status shall have the same status as voluntarily delicensed and decertified beds except that beds on layaway status remain subject to the surcharge in section 256.9657, remain subject to the license application and renewal fees under section 144A.07 and shall be subject to a $100 per bed reactivation fee. In addition, at any time within three years of the effective date of the layaway, the beds on layaway status may be:
(1) relicensed and recertified upon relocation and reactivation of some or all of the beds to an existing licensed and certified facility or facilities located in Pine River, Brainerd, or International Falls; provided that the total project construction costs related to the relocation of beds from layaway status for any facility receiving relocated beds may not exceed the dollar threshold provided in subdivision 2 unless the construction project has been approved through the moratorium exception process under section 144A.073;
(2) relicensed and recertified, upon reactivation of some or all of the beds within the facility which placed the beds in layaway status, if the commissioner has determined a need for the reactivation of the beds on layaway status.
The property-related payment rate of a facility placing beds on layaway status must be adjusted by the incremental change in its rental per diem after recalculating the rental per diem as provided in section 256B.431, subdivision 3a, paragraph (c). The property-related payment rate for a facility relicensing and recertifying beds from layaway status must be adjusted by the incremental change in its rental per diem after recalculating its rental per diem using the number of beds after the relicensing to establish the facility's capacity day divisor, which shall be effective the first day of the month following the month in which the relicensing and recertification became effective. Any beds remaining on layaway status more than three years after the date the layaway status became effective must be removed from layaway status and immediately delicensed and decertified;
(q) to license and certify beds in a renovation and remodeling project to convert 12 four-bed wards into 24 two-bed rooms, expand space, and add improvements in a nursing home that, as of January 1, 1994, met the following conditions: the nursing home was located in Ramsey County; had a licensed capacity of 154 beds; and had been ranked among the top 15 applicants by the 1993 moratorium exceptions advisory review panel. The total project construction cost estimate for this project must not exceed the cost estimate submitted in connection with the 1993 moratorium exception process;
(r) to license and certify up to 117 beds
that are relocated from a licensed and certified 138-bed nursing facility
located in St. Paul to a hospital with 130 licensed hospital beds located
in South St. Paul, provided that the nursing facility and hospital are
owned by the same or a related organization and that prior to the date the
relocation is completed the hospital ceases operation of its inpatient hospital
services at that hospital. After
relocation, the nursing facility's status under section 256B.431,
subdivision 2j, shall be the same as it was prior to relocation. The nursing facility's property-related
payment rate resulting from the project authorized in this paragraph shall
become effective no earlier than April 1, 1996.
For purposes of calculating the incremental change in the facility's
rental per diem resulting from this project, the allowable appraised value of
the nursing facility portion of the existing health care facility physical
plant prior to the renovation and relocation may not exceed $2,490,000;
(s) to license and certify two beds in a facility to replace beds that were voluntarily delicensed and decertified on June 28, 1991;
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(t) to allow 16 licensed and certified beds located on July 1, 1994, in a 142-bed nursing home and 21-bed boarding care home facility in Minneapolis, notwithstanding the licensure and certification after July 1, 1995, of the Minneapolis facility as a 147-bed nursing home facility after completion of a construction project approved in 1993 under section 144A.073, to be laid away upon 30 days' prior written notice to the commissioner. Beds on layaway status shall have the same status as voluntarily delicensed or decertified beds except that they shall remain subject to the surcharge in section 256.9657. The 16 beds on layaway status may be relicensed as nursing home beds and recertified at any time within five years of the effective date of the layaway upon relocation of some or all of the beds to a licensed and certified facility located in Watertown, provided that the total project construction costs related to the relocation of beds from layaway status for the Watertown facility may not exceed the dollar threshold provided in subdivision 2 unless the construction project has been approved through the moratorium exception process under section 144A.073.
The property-related payment rate of the facility placing beds on layaway status must be adjusted by the incremental change in its rental per diem after recalculating the rental per diem as provided in section 256B.431, subdivision 3a, paragraph (c). The property-related payment rate for the facility relicensing and recertifying beds from layaway status must be adjusted by the incremental change in its rental per diem after recalculating its rental per diem using the number of beds after the relicensing to establish the facility's capacity day divisor, which shall be effective the first day of the month following the month in which the relicensing and recertification became effective. Any beds remaining on layaway status more than five years after the date the layaway status became effective must be removed from layaway status and immediately delicensed and decertified;
(u) to license and certify beds that are moved within an existing area of a facility or to a newly constructed addition which is built for the purpose of eliminating three- and four-bed rooms and adding space for dining, lounge areas, bathing rooms, and ancillary service areas in a nursing home that, as of January 1, 1995, was located in Fridley and had a licensed capacity of 129 beds;
(v) to relocate 36 beds in Crow Wing County and four beds from Hennepin County to a 160-bed facility in Crow Wing County, provided all the affected beds are under common ownership;
(w) to license and certify a total replacement project of up
to 49 beds located in Norman County that are relocated from a nursing home
destroyed by flood and whose residents were relocated to other nursing
homes. The operating cost payment rates
for the new nursing facility shall be determined based on the interim and
settle-up payment provisions of Minnesota Rules, part 9549.0057, and the
reimbursement provisions of section 256B.431, except that subdivision 26,
paragraphs (a) and (b), shall not apply until the second rate year after the settle-up
cost report is filed.
Property-related reimbursement rates shall be determined under section
256B.431, taking into account any federal or state flood-related loans or
grants provided to the facility;
(x) to license and certify a total replacement project of up to 129 beds located in Polk County that are relocated from a nursing home destroyed by flood and whose residents were relocated to other nursing homes. The operating cost payment rates for the new nursing facility shall be determined based on the interim and settle-up payment provisions of Minnesota Rules, part 9549.0057, and the reimbursement provisions of section 256B.431, except that subdivision 26, paragraphs (a) and (b), shall not apply until the second rate year after the settle-up cost report is filed. Property-related reimbursement rates shall be determined under section 256B.431, taking into account any federal or state flood-related loans or grants provided to the facility;
(y) to license and certify beds in a renovation and remodeling project to convert 13 three-bed wards into 13 two-bed rooms and 13 single-bed rooms, expand space, and add improvements in a nursing home that, as of January 1, 1994, met the following conditions: the nursing home was located in Ramsey County, was not owned by a hospital corporation, had a licensed capacity of 64 beds, and had been ranked among the top 15 applicants by the 1993 moratorium exceptions advisory review panel. The total project construction cost estimate for this project must not exceed the cost estimate submitted in connection with the 1993 moratorium exception process;
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(z) to license and certify up to 150 nursing home beds to replace an existing 285 bed nursing facility located in St. Paul. The replacement project shall include both the renovation of existing buildings and the construction of new facilities at the existing site. The reduction in the licensed capacity of the existing facility shall occur during the construction project as beds are taken out of service due to the construction process. Prior to the start of the construction process, the facility shall provide written information to the commissioner of health describing the process for bed reduction, plans for the relocation of residents, and the estimated construction schedule. The relocation of residents shall be in accordance with the provisions of law and rule;
(aa) to allow the commissioner of human services to license an additional 36 beds to provide residential services for the physically disabled under Minnesota Rules, parts 9570.2000 to 9570.3400, in a 198-bed nursing home located in Red Wing, provided that the total number of licensed and certified beds at the facility does not increase;
(bb) to license and certify a new facility in St. Louis County with 44 beds constructed to replace an existing facility in St. Louis County with 31 beds, which has resident rooms on two separate floors and an antiquated elevator that creates safety concerns for residents and prevents nonambulatory residents from residing on the second floor. The project shall include the elimination of three- and four-bed rooms;
(cc) to license and certify four beds in a 16-bed certified boarding care home in Minneapolis to replace beds that were voluntarily delicensed and decertified on or before March 31, 1992. The licensure and certification is conditional upon the facility periodically assessing and adjusting its resident mix and other factors which may contribute to a potential institution for mental disease declaration. The commissioner of human services shall retain the authority to audit the facility at any time and shall require the facility to comply with any requirements necessary to prevent an institution for mental disease declaration, including delicensure and decertification of beds, if necessary;
(dd) to license and certify 72 beds in an existing facility in Mille Lacs County with 80 beds as part of a renovation project. The renovation must include construction of an addition to accommodate ten residents with beginning and midstage dementia in a self-contained living unit; creation of three resident households where dining, activities, and support spaces are located near resident living quarters; designation of four beds for rehabilitation in a self-contained area; designation of 30 private rooms; and other improvements;
(ee) to license and certify beds in a facility that has undergone replacement or remodeling as part of a planned closure under section 256B.437;
(ff) to license and certify a total
replacement project of up to 124 beds located in Wilkin County that are in need
of relocation from a nursing home significantly damaged by flood. The operating cost payment rates for the new
nursing facility shall be determined based on the interim and settle-up payment
provisions of Minnesota Rules, part 9549.0057, and the reimbursement provisions
of section 256B.431, except that section 256B.431, subdivision 26,
paragraphs (a) and (b), shall not apply until the second rate year after the
settle-up cost report is filed.
Property-related reimbursement rates shall be determined under section
256B.431, taking into account any federal or state flood-related loans or
grants provided to the facility;
(gg) to allow the commissioner of human services to license an additional nine beds to provide residential services for the physically disabled under Minnesota Rules, parts 9570.2000 to 9570.3400, in a 240-bed nursing home located in Duluth, provided that the total number of licensed and certified beds at the facility does not increase;
(hh) to license and certify up to 120 new
nursing facility beds to replace beds in a facility in Anoka County, which was
licensed for 98 beds as of July 1, 2000, provided the new facility is located
within four miles of the existing facility and is in Anoka County. Operating and property rates shall be determined
and allowed under section 256B.431 and Minnesota Rules, parts 9549.0010 to
9549.0080, or section 256B.434 or 256B.435.
The provisions of section 256B.431, subdivision 26, paragraphs (a) and
(b), do not apply until the second rate year following settle-up 256B.441;
or
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(ii) to transfer up to 98 beds of a 129-licensed bed facility located in Anoka County that, as of March 25, 2001, is in the active process of closing, to a 122-licensed bed nonprofit nursing facility located in the city of Columbia Heights or its affiliate. The transfer is effective when the receiving facility notifies the commissioner in writing of the number of beds accepted. The commissioner shall place all transferred beds on layaway status held in the name of the receiving facility. The layaway adjustment provisions of section 256B.431, subdivision 30, do not apply to this layaway. The receiving facility may only remove the beds from layaway for recertification and relicensure at the receiving facility's current site, or at a newly constructed facility located in Anoka County. The receiving facility must receive statutory authorization before removing these beds from layaway status, or may remove these beds from layaway status if removal from layaway status is part of a moratorium exception project approved by the commissioner under section 144A.073.
Sec. 3. Minnesota Statutes 2011 Supplement, section 245A.03, subdivision 7, is amended 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 May 15, 2009, 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, or restructuring of state-operated services that limits the capacity of state-operated facilities;
(4) new foster care licenses determined to be needed by the commissioner under paragraph (b) for persons requiring hospital level care; or
(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 in 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 the
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;
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(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) (c) The commissioner shall
study the effects of the license moratorium under this subdivision and shall report
back to the legislature by January 15, 2011.
This study shall include, but is not limited to the following:
(1) the overall capacity and utilization of foster care beds where the physical location is not the primary residence of the license holder prior to and after implementation of the moratorium;
(2) the overall capacity and utilization of foster care beds where the physical location is the primary residence of the license holder prior to and after implementation of the moratorium; and
(3) the number of licensed and occupied ICF/MR beds prior to and after implementation of the moratorium.
(e) (d) When a foster care
recipient moves out of a foster home that is not the primary residence of the
license holder according to section 256B.49, subdivision 15, paragraph (f), the
county shall immediately inform the Department of Human Services Licensing
Division, and the department shall immediately decrease the licensed capacity
for the home. A decreased licensed
capacity according to this paragraph is not subject to appeal under this
chapter.
(e) At the time of application and
reapplication for licensure, the applicant and the license holder that are
subject to the moratorium or an exclusion established in paragraph (a) are
required to inform the commissioner whether the physical location where the
foster care will be provided is or will be the primary residence of the license
holder for the entire period of licensure.
If the primary residence of the applicant or license holder changes, the
applicant or license holder must notify the commissioner immediately. The commissioner shall print on the foster
care license certificate whether or not the physical location is the primary
residence of the license holder.
(f) License holders of foster care homes identified
under paragraph (e) that are not the primary residence of the license holder
and that also provide services in the foster care home that are covered by a
federally approved home and community-based services waiver, as authorized
under section 256B.0915, 256B.092, or 256B.49 must inform the human services
licensing division that the license holder provides or intends to provide these
waiver-funded services. These license
holders must be considered registered under section 256B.092, subdivision 11,
paragraph (c), and this registration status must be identified on their license
certificates.
Sec. 4. Minnesota Statutes 2010, section 245A.11, subdivision 2a, is amended to read:
Subd. 2a. Adult foster care license capacity. (a) 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 (b) to (f).
(b) 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.
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(c) The commissioner may grant variances to paragraph (b) 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.
(d) The commissioner may grant variances to paragraph (b) 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.
(e) 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, 2009.
(f) The commissioner shall not issue a new
adult foster care license under paragraph (e) after June 30, 2011 2014. The commissioner shall allow a facility with
an adult foster care license issued under paragraph (e) before June 30, 2011
2016, to continue with a capacity of five adults if the license holder
continues to comply with the requirements in paragraph (e).
Sec. 5. Minnesota Statutes 2010, section 245A.11, subdivision 8, is amended 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 2012,
as a component of the quality outcome standards recommendations required by
Laws 2010, chapter 352, article 1, section 24.
(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.
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Sec. 6. Minnesota Statutes 2010, section 252.32, subdivision 1a, is amended to read:
Subd. 1a. Support
grants. (a) Provision of support
grants must be limited to families who require support and whose dependents are
under the age of 21 and who have been certified disabled under section
256B.055, subdivision 12, paragraphs (a), (b), (c), (d), and (e). Families who are receiving: home and
community-based waivered services for persons with developmental
disabilities authorized under section 256B.092 or 256B.49; personal care
assistance under section 256B.0652; or a consumer support grant under section
256.476 are not eligible for support grants.
Families whose annual adjusted gross income is $60,000 or more are not eligible for support grants except in cases where extreme hardship is demonstrated. Beginning in state fiscal year 1994, the commissioner shall adjust the income ceiling annually to reflect the projected change in the average value in the United States Department of Labor Bureau of Labor Statistics Consumer Price Index (all urban) for that year.
(b) Support grants may be made available as monthly subsidy grants and lump-sum grants.
(c) Support grants may be issued in the form of cash, voucher, and direct county payment to a vendor.
(d) Applications for the support grant shall be made by the legal guardian to the county social service agency. The application shall specify the needs of the families, the form of the grant requested by the families, and the items and services to be reimbursed.
Sec. 7. [252.34]
REPORT BY COMMISSIONER OF HUMAN SERVICES.
Beginning January 1, 2013, the
commissioner of human services shall provide a biennial report to the chairs of
the legislative committees with jurisdiction over health and human services
policy and funding. The report must
provide a summary of overarching goals and priorities for persons with
disabilities, including the status of how each of the following programs administered
by the commissioner is supporting the overarching goals and priorities:
(1) home and community-based services waivers
for persons with disabilities under
sections 256B.092 and 256B.49;
(2) home care services under section
256B.0652; and
(3) other relevant programs and services
as determined by the commissioner.
Sec. 8. Minnesota Statutes 2010, section 252A.21, subdivision 2, is amended to read:
Subd. 2. Rules. The commissioner shall adopt rules to
implement this chapter. The rules must
include standards for performance of guardianship or conservatorship duties
including, but not limited to: twice a
year visits with the ward; quarterly reviews of records from day,
residential, and support services; a requirement that the duties of
guardianship or conservatorship and case management not be performed by the
same person; specific standards for action on "do not resuscitate"
orders, sterilization requests, and the use of psychotropic medication and
aversive procedures.
Sec. 9. Minnesota Statutes 2010, section 256.476, subdivision 11, is amended to read:
Subd. 11. Consumer support grant program after July 1, 2001. 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:
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(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 50 percent of the average the
service authorization for each individual based on the individual's home
care rating assessment;
(ii) calculating the overall ratio of actual payments to service authorizations by program;
(iii) applying the overall ratio to the average 50
percent of the service authorization level of each home care rating; and
(iv) adjusting the result for any authorized rate increases
changes provided by the legislature; and.
(v) adjusting the result for the average monthly
utilization per recipient.
(2) The commissioner may review and evaluate shall
ensure the methodology to reflect changes in is consistent with
the home care programs.
Sec. 10. Minnesota Statutes 2010, section 256.9657, subdivision 1, is amended to read:
Subdivision 1. Nursing home license surcharge. (a) Effective July 1, 1993, each non-state-operated nursing home licensed under chapter 144A shall pay to the commissioner an annual surcharge according to the schedule in subdivision 4. The surcharge shall be calculated as $620 per licensed bed. If the number of licensed beds is reduced, the surcharge shall be based on the number of remaining licensed beds the second month following the receipt of timely notice by the commissioner of human services that beds have been delicensed. The nursing home must notify the commissioner of health in writing when beds are delicensed. The commissioner of health must notify the commissioner of human services within ten working days after receiving written notification. If the notification is received by the commissioner of human services by the 15th of the month, the invoice for the second following month must be reduced to recognize the delicensing of beds. Beds on layaway status continue to be subject to the surcharge. The commissioner of human services must acknowledge a medical care surcharge appeal within 30 days of receipt of the written appeal from the provider.
(b) Effective July 1, 1994, the surcharge in paragraph (a) shall be increased to $625.
(c) Effective August 15, 2002, the surcharge under paragraph (b) shall be increased to $990.
(d) Effective July 15, 2003, the surcharge under paragraph (c) shall be increased to $2,815.
(e) The commissioner may reduce, and may subsequently restore, the surcharge under paragraph (d) based on the commissioner's determination of a permissible surcharge.
(f) Between April 1, 2002, and August 15, 2004, a facility
governed by this subdivision may elect to assume full participation in the
medical assistance program by agreeing to comply with all of the requirements
of the medical assistance program, including the rate equalization law in
section 256B.48, subdivision 1, paragraph (a), and all other requirements
established in law or rule, and to begin intake of new medical assistance
recipients. Rates will be determined
under Minnesota Rules, parts 9549.0010 to 9549.0080. Notwithstanding section 256B.431,
subdivision 27, paragraph (i), Rate calculations will be subject to limits
as prescribed in rule and law. Other
than the adjustments in sections 256B.431, subdivisions 30 and 32; 256B.437,
subdivision 3, paragraph (b), Minnesota Rules, part 9549.0057, and any other
applicable legislation enacted prior to the finalization of rates, facilities
assuming full participation in medical assistance under this paragraph are not
eligible for any rate adjustments until the July 1 following their settle-up
period.
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Sec. 11. Minnesota Statutes 2010, section 256B.0625, subdivision 19c, is amended to read:
Subd. 19c. Personal care. Medical assistance covers personal care assistance services provided by an individual who is qualified to provide the services according to subdivision 19a and sections 256B.0651 to 256B.0656, provided in accordance with a plan, and supervised by a qualified professional.
"Qualified professional" means a mental health professional as defined in section 245.462, subdivision 18, clauses (1) to (6), or 245.4871, subdivision 27, clauses (1) to (6); or a registered nurse as defined in sections 148.171 to 148.285, a licensed social worker as defined in sections 148D.010 and 148D.055, or a qualified developmental disabilities specialist under section 245B.07, subdivision 4. The qualified professional shall perform the duties required in section 256B.0659.
Sec. 12. Minnesota Statutes 2010, section 256B.0659, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) For the purposes of this section, the terms defined in paragraphs (b) to (r) 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) "Extended personal care assistance service" means personal care assistance services included in a service plan under one of the home and community-based services waivers authorized under sections 256B.0915, 256B.092, subdivision 5, and 256B.49, which exceed the amount, duration, and frequency of the state plan personal care assistance services for participants who:
(1) need assistance provided periodically
during a week, but less than daily will not be able to remain in their homes
without the assistance, and other replacement services are more expensive or
are not available when personal care assistance services are to be terminated
reduced; or
(2) need additional personal care assistance services beyond the amount authorized by the state plan personal care assistance assessment in order to ensure that their safety, health, and welfare are provided for in their homes.
(h) "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.
(i) "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.
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(j) "Managing employee" has the same definition as Code of Federal Regulations, title 42, section 455.
(k) "Qualified professional" means a professional providing supervision of personal care assistance services and staff as defined in section 256B.0625, subdivision 19c.
(l) "Personal care assistance provider agency" means a medical assistance enrolled provider that provides or assists with providing personal care assistance services and includes a personal care assistance provider organization, personal care assistance choice agency, class A licensed nursing agency, and Medicare-certified home health agency.
(m) "Personal care assistant" or "PCA" means an individual employed by a personal care assistance agency who provides personal care assistance services.
(n) "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.
(o) "Responsible party" means an individual who is capable of providing the support necessary to assist the recipient to live in the community.
(p) "Self-administered medication" means medication taken orally, by injection or insertion, or applied topically without the need for assistance.
(q) "Service plan" means a written summary of the assessment and description of the services needed by the recipient.
(r) "Wages and benefits" means wages and salaries, the employer's share of FICA taxes, Medicare taxes, state and federal unemployment taxes, workers' compensation, mileage reimbursement, health and dental insurance, life insurance, disability insurance, long-term care insurance, uniform allowance, and contributions to employee retirement accounts.
Sec. 13. Minnesota Statutes 2010, section 256B.0659, subdivision 3, is amended to read:
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.0652, subdivision 10, or responsible party;
(2) in lieu of other staffing options
order to meet staffing or license requirements 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
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(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, except when immediate attention is needed for health or hygiene reasons integral to the personal care services and the need is listed in the service plan by the assessor; and
(7) assessments for personal care assistance services by personal care assistance provider agencies or by independently enrolled registered nurses.
Sec. 14. Minnesota Statutes 2010, section 256B.0659, subdivision 9, is amended to read:
Subd. 9. Responsible party; generally. (a) "Responsible party" 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) qualified professional;
(3) home care provider agency owner
or staff manager; or
(4) home care provider agency staff
unless staff who are not listed in clauses (1) to (3) are related to the
recipient by blood, marriage, or adoption; or
(3) (5) 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;
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(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 subdivision 3a 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.
Sec. 15. Minnesota Statutes 2011 Supplement, section 256B.0659, subdivision 11, is amended to read:
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:
(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. Except as provided in subdivision 11a, 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. The training must be available in languages other than English and to those who need accommodations due to disabilities. Personal care assistant training must include successful completion of the
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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 275 hours per month, except that this limit shall be 275 hours per
month for the period July 1, 2009, through June 30, 2011, of personal care
assistance services regardless of the number of recipients being served or the
number of personal care assistance provider agencies enrolled with. The number of hours worked per day shall not
be disallowed by the department unless in violation of the law.
(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) Persons who do not qualify as a personal
care assistant include parents and, stepparents, and legal
guardians of minors,; spouses,; paid legal
guardians, of adults; family foster care providers, except as
otherwise allowed in section 256B.0625, subdivision 19a, or; and
staff of a residential setting. When the
personal care assistant is a relative of the recipient, the commissioner shall
pay 80 percent of the provider rate. For
purposes of this section, relative means the parent or adoptive parent of an
adult child, a sibling aged 16 years or older, an adult child, a grandparent,
or a grandchild.
Sec. 16. Minnesota Statutes 2010, section 256B.0659, subdivision 13, is amended to read:
Subd. 13. Qualified professional; qualifications. (a) The qualified professional must work for 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
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(5) document all training, communication, evaluations, and needed actions to improve performance of the personal care assistants.
(c) Effective July 1, 2010 2011,
the qualified professional shall complete the provider training with basic
information about the personal care assistance program approved by the
commissioner. Newly hired qualified
professionals must complete the training within six months of the date
hired by a personal care assistance provider agency. Qualified professionals who have completed
the required training as a worker from a personal care assistance provider
agency do not need to repeat the required training if they are hired by another
agency, if they have completed the training within the last three years. The required training shall must
be available in languages other than English and to those who need
accommodations due to disabilities, with meaningful access according to title
VI of the Civil Rights Act and federal regulations adopted under that law or
any guidance from the United States Health and Human Services Department. The required training must be available
online, or by electronic remote connection, and. The required training must provide for
competency testing to demonstrate an understanding of the content without
attending in-person training. A
qualified professional is allowed to be employed and is not subject to the
training requirement until the training is offered online or through remote
electronic connection. A qualified
professional employed by a personal care assistance provider agency certified
for participation in Medicare as a home health agency is exempt from the
training required in this subdivision. When
available, the qualified professional working for a Medicare-certified home
health agency must successfully complete the competency test. The commissioner shall ensure there is a
mechanism in place to verify the identity of persons completing the competency
testing electronically.
EFFECTIVE
DATE. This section is
effective retroactively from July 1, 2011.
Sec. 17. Minnesota Statutes 2010, section 256B.0659, subdivision 14, is amended to read:
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 regularly scheduled services for a recipient, or sooner as determined by the qualified professional, except for the personal care assistance choice option under subdivision 19, paragraph (a), clause (4). For the initial evaluation, the qualified professional shall evaluate the personal care assistance services for a recipient through direct observation of a personal care assistant's work. The qualified professional may conduct additional training and evaluation visits, based upon the needs of the recipient and the personal care assistant's ability to meet those needs. Subsequent visits to evaluate the personal care assistance services provided to a recipient do not require direct observation of each personal care assistant's work and shall occur:
(1) at least every 90 days thereafter for the first year of a recipient's services;
(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; and
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(3) after the first 180 days of a recipient's service, supervisory visits may alternate between unscheduled phone or Internet technology and in-person visits, unless the in-person visits are needed according to the care plan.
(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:
(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 templates.
(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) (2) agency administrative
activities;
(4) (3) training other than
the individualized training required to provide care for a recipient; and
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(5) (4) any other activity
that is not described in this section.
Sec. 18. Minnesota Statutes 2010, section 256B.0659, subdivision 19, is amended to read:
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 according to the terms of the written agreement required under subdivision 20, paragraph (a);
(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;
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(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;
(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.
Sec. 19. Minnesota Statutes 2010, section 256B.0659, subdivision 21, is amended to read:
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:
(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) proof of liability insurance;
(6) 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;
(7) 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;
(8) 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 for the written agreement in subdivision 20 for recipients using the personal care assistance choice option, if applicable;
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(9) a list of all training and classes that the personal care assistance provider agency requires of its staff providing personal care assistance services;
(10) documentation that the personal care assistance provider agency and staff have successfully completed all the training required by this section;
(11) documentation of the agency's marketing practices;
(12) disclosure of ownership, leasing, or management of all residential properties that is used or could be used for providing home care services;
(13) 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; and
(14) effective May 15, 2010, documentation that the agency does not burden recipients' free exercise of their right to choose service providers by requiring personal care assistants to sign an agreement not to work with any particular personal care assistance recipient or for another personal care assistance provider agency after leaving the agency and that the agency is not taking action on any such agreements or requirements regardless of the date signed.
(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 July 1, 2009.
(c) All personal care assistance provider
agencies shall require all employees in management and supervisory positions and
owners of the agency who are active in the day-to-day management and operations
of the agency to complete mandatory training as determined by the commissioner
before enrollment of the agency as a provider.
Employees in management and supervisory positions and owners who are
active in the day-to-day operations of an agency who have completed the
required training as an employee with a personal care assistance provider
agency do not need to repeat the required training if they are hired by another
agency, if they have completed the training within the past three years. By September 1, 2010, the required training
must be available in languages other than English and to those who need
accommodations due to disabilities, with meaningful access according to
title VI of the Civil Rights Act and federal regulations adopted under that law
or any guidance from the United States Health and Human Services
Department. The required training must
be available online, or by electronic remote connection, and. The required training must provide for
competency testing. Personal care
assistance provider agency billing staff shall complete training about personal
care assistance program financial management.
This training is effective July 1, 2009.
Any personal care assistance provider agency enrolled before that date
shall, if it has not already, complete the provider training within 18 months
of July 1, 2009. Any new owners or
employees in management and supervisory positions involved in the day-to-day
operations are required to complete mandatory training as a requisite of
working for the agency. Personal care
assistance provider agencies certified for participation in Medicare as home
health agencies are exempt from the training required in this subdivision. When available, Medicare-certified home
health agency owners, supervisors, or managers must successfully complete the
competency test.
Sec. 20. Minnesota Statutes 2010, section 256B.0659, subdivision 30, is amended to read:
Subd. 30. Notice of service changes to recipients. The commissioner must provide:
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(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 personal care assistance 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;
and
(3) (2) a service agreement
authorizing personal care assistance hours of service at the previously
authorized level, throughout the appeal process period, when a recipient
requests services pending an appeal.
EFFECTIVE
DATE. This section is
effective July 1, 2012.
Sec. 21. Minnesota Statutes 2010, section 256B.0916, subdivision 7, is amended to read:
Subd. 7. Annual report by commissioner. (a) Beginning November 1, 2001, and each November 1 thereafter, the commissioner shall issue an annual report on county and state use of available resources for the home and community-based waiver for persons with developmental disabilities. For each county or county partnership, the report shall include:
(1) the amount of funds allocated but not used;
(2) the county specific allowed reserve amount approved and used;
(3) the number, ages, and living situations of individuals screened and waiting for services;
(4) the urgency of need for services to begin within one, two, or more than two years for each individual;
(5) the services needed;
(6) the number of additional persons served by approval of increased capacity within existing allocations;
(7) results of action by the commissioner to streamline administrative requirements and improve county resource management; and
(8) additional action that would decrease the number of those eligible and waiting for waivered services.
The commissioner shall specify intended outcomes for the program and the degree to which these specified outcomes are attained.
(b) This subdivision expires January 1,
2013.
Sec. 22. Minnesota Statutes 2010, section 256B.092, subdivision 11, is amended 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 community alternative care, community alternatives for disabled individuals, developmental disabilities, and traumatic brain injury 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.
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(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
(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. Providers licensed to provide child foster
care under Minnesota Rules, parts 2960.3000 to 2960.3340, or adult foster care
licensed under Minnesota Rules, parts 9555.5105 to 9555.6265, and that meet the
requirements in section 245A.03, subdivision 7, paragraph (e), are considered registered
under this section.
Sec. 23. Minnesota Statutes 2010, section 256B.096, subdivision 5, is amended to read:
Subd. 5. Biennial report. (a) The commissioner shall provide a biennial report to the chairs of the legislative committees with jurisdiction over health and human services policy and funding beginning January 15, 2009, on the development and activities of the quality management, assurance, and improvement system designed to meet the federal requirements under the home and community-based services waiver programs for persons with disabilities. By January 15, 2008, the commissioner shall provide a preliminary report on priorities for meeting the federal requirements, progress on development and field testing of the annual survey, appropriations necessary to implement an annual survey of service recipients once field testing is completed, recommendations for improvements in the incident reporting system, and a plan for incorporating quality assurance efforts under section 256B.095 and other regional efforts into the statewide system.
(b) This subdivision expires January 1,
2013.
Sec. 24. Minnesota Statutes 2010, section 256B.441, subdivision 13, is amended to read:
Subd. 13. External
fixed costs. "External fixed
costs" means costs related to the nursing home surcharge under section
256.9657, subdivision 1; licensure fees under section 144.122; long-term care
consultation fees under section 256B.0911, subdivision 6; family advisory
council fee under section 144A.33; scholarships under section 256B.431,
subdivision 36; planned closure rate adjustments under section 256B.436 or
256B.437; or single bed room incentives under section 256B.431, subdivision 42;
property taxes and property insurance; and PERA.
Sec. 25. Minnesota Statutes 2010, section 256B.441, subdivision 31, is amended to read:
Subd. 31. Prior
system operating cost payment rate. "Prior
system operating cost payment rate" means the operating cost payment rate
in effect on September 30, 2008, under Minnesota Rules and Minnesota Statutes,
not including planned closure rate adjustments under section 256B.436 or
256B.437, or single bed room incentives under section 256B.431, subdivision 42.
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Sec. 26. Minnesota Statutes 2010, section 256B.441, subdivision 53, is amended to read:
Subd. 53. Calculation of payment rate for external fixed costs. The commissioner shall calculate a payment rate for external fixed costs.
(a) For a facility licensed as a nursing home, the portion related to section 256.9657 shall be equal to $8.86. For a facility licensed as both a nursing home and a boarding care home, the portion related to section 256.9657 shall be equal to $8.86 multiplied by the result of its number of nursing home beds divided by its total number of licensed beds.
(b) The portion related to the licensure fee under section 144.122, paragraph (d), shall be the amount of the fee divided by actual resident days.
(c) The portion related to scholarships shall be determined under section 256B.431, subdivision 36.
(d) The portion related to long-term care consultation shall be determined according to section 256B.0911, subdivision 6.
(e) The portion related to development and education of resident and family advisory councils under section 144A.33 shall be $5 divided by 365.
(f) The portion related to planned closure
rate adjustments shall be as determined under sections 256B.436 and section
256B.437, subdivision 6, and Minnesota Statutes 2010, section 256B.436. Planned closure rate adjustments that take
effect before October 1, 2014, shall no longer be included in the payment rate
for external fixed costs beginning October 1, 2016. Planned closure rate adjustments that take
effect on or after October 1, 2014, shall no longer be included in the payment
rate for external fixed costs beginning on October 1 of the first year not less
than two years after their effective date.
(g) The portions related to property insurance, real estate taxes, special assessments, and payments made in lieu of real estate taxes directly identified or allocated to the nursing facility shall be the actual amounts divided by actual resident days.
(h) The
portion related to the Public Employees Retirement Association shall be actual
costs divided by resident days.
(i) The single bed room incentives shall be as determined under section 256B.431, subdivision 42. Single bed room incentives that take effect before October 1, 2014, shall no longer be included in the payment rate for external fixed costs beginning October 1, 2016. Single bed room incentives that take effect on or after October 1, 2014, shall no longer be included in the payment rate for external fixed costs beginning on October 1 of the first year not less than two years after their effective date.
(j) The payment rate for external fixed costs shall be the sum of the amounts in paragraphs (a) to (i).
Sec. 27. Minnesota Statutes 2010, section 256B.49, subdivision 21, is amended to read:
Subd. 21. Report. (a) The commissioner shall expand on the annual report required under section 256B.0916, subdivision 7, to include information on the county of residence and financial responsibility, age, and major diagnoses for persons eligible for the home and community-based waivers authorized under subdivision 11 who are:
(1) receiving those services;
(2) screened and waiting for waiver services; and
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(3) residing in nursing facilities and are under age 65.
(b) This subdivision expires January 1,
2013.
Sec. 28. Minnesota Statutes 2011 Supplement, section 626.557, subdivision 9, is amended to read:
Subd. 9. Common entry point designation. (a) Each county board shall designate a common entry point for reports of suspected maltreatment. Two or more county boards may jointly designate a single common entry point. The common entry point is the unit responsible for receiving the report of suspected maltreatment under this section.
(b) The common entry point must be available 24 hours per day to take calls from reporters of suspected maltreatment. The common entry point shall use a standard intake form that includes:
(1) the time and date of the report;
(2) the name, address, and telephone number of the person reporting;
(3) the time, date, and location of the incident;
(4) the names of the persons involved, including but not limited to, perpetrators, alleged victims, and witnesses;
(5) whether there was a risk of imminent danger to the alleged victim;
(6) a description of the suspected maltreatment;
(7) the disability, if any, of the alleged victim;
(8) the relationship of the alleged perpetrator to the alleged victim;
(9) whether a facility was involved and, if so, which agency licenses the facility;
(10) any action taken by the common entry point;
(11) whether law enforcement has been notified;
(12) whether the reporter wishes to receive notification of the initial and final reports; and
(13) if the report is from a facility with an internal reporting procedure, the name, mailing address, and telephone number of the person who initiated the report internally.
(c) The common entry point is not required to complete each item on the form prior to dispatching the report to the appropriate lead investigative agency.
(d) The common entry point shall immediately report to a law enforcement agency any incident in which there is reason to believe a crime has been committed.
(e) If a report is initially made to a law enforcement agency or a lead investigative agency, those agencies shall take the report on the appropriate common entry point intake forms and immediately forward a copy to the common entry point.
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(f) The common entry point staff must receive training on how to screen and dispatch reports efficiently and in accordance with this section.
(g) When a centralized database is
available, the common entry point has access to the centralized database and
must log the reports into the database.
The commissioner of human services shall maintain a centralized
database for the collection of common entry point data, lead investigative
agency data including maltreatment report disposition, and appeals data.
Sec. 29. Minnesota Statutes 2011 Supplement, section 626.5572, subdivision 13, is amended to read:
Subd. 13. Lead investigative agency. "Lead investigative agency" is the primary administrative agency responsible for investigating reports made under section 626.557.
(a) The Department of Health is the lead investigative agency for facilities or services licensed or required to be licensed as hospitals, home care providers, nursing homes, boarding care homes, hospice providers, residential facilities that are also federally certified as intermediate care facilities that serve people with developmental disabilities, or any other facility or service not listed in this subdivision that is licensed or required to be licensed by the Department of Health for the care of vulnerable adults. "Home care provider" has the meaning provided in section 144A.43, subdivision 4, and applies when care or services are delivered in the vulnerable adult's home, whether a private home or a housing with services establishment registered under chapter 144D, including those that offer assisted living services under chapter 144G.
(b) Except as provided under paragraph (c), for services licensed according to chapter 245D, the Department of Human Services is the lead investigative agency for facilities or services licensed or required to be licensed as adult day care, adult foster care, programs for people with developmental disabilities, family adult day services, mental health programs, mental health clinics, chemical dependency programs, the Minnesota sex offender program, or any other facility or service not listed in this subdivision that is licensed or required to be licensed by the Department of Human Services.
(c) The county social service agency or its designee is the lead investigative agency for all other reports, including, but not limited to, reports involving vulnerable adults receiving services from a personal care provider organization under section 256B.0659, or receiving home and community-based services licensed by the Department of Human Services and subject to chapter 245D.
Sec. 30. Laws 2009, chapter 79, article 8, section 81, as amended by Laws 2010, chapter 352, article 1, section 24, is amended to read:
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, to be referred to as "quality outcome standards," governing services for people with disabilities receiving services under the home and community-based waiver services program, with the exception of customized living services because the service license is under the jurisdiction of the Department of Health, 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;
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(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. 31. DISABILITY
HOME AND COMMUNITY-BASED WAIVER REQUEST.
By December 1, 2012, 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, 2012.
Sec. 32. HOURLY
NURSING DETERMINATION MATRIX.
A service provider applying for medical
assistance payments for private duty nursing services under Minnesota Statutes,
section 256B.0654, must complete and submit to the commissioner of human
services an hourly nursing determination matrix for each recipient of private
duty nursing services. The commissioner
of human services will collect and analyze data from the hourly nursing
determination matrix.
Sec. 33. REPEALER.
(a) Minnesota Statutes 2010, sections
256B.431, subdivisions 2c, 2g, 2i, 2j, 2k, 2l, 2o, 3c, 11, 14, 17b, 17f, 19,
20, 25, 27, and 29; 256B.434, subdivisions 4a, 4b, 4c, 4d, 4e, 4g, 4h, 7, and
8; 256B.435; and 256B.436, are repealed.
(b) Minnesota Statutes 2011 Supplement,
section 256B.431, subdivision 26, is repealed.
(c) Minnesota Rules, part 9555.7700, is
repealed.
ARTICLE 10
TELEPHONE EQUIPMENT PROGRAM
Section 1. Minnesota Statutes 2010, section 237.50, is amended to read:
237.50
DEFINITIONS.
Subdivision 1. Scope. The terms used in sections 237.50 to 237.56 have the meanings given them in this section.
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Subd. 3. Communication
impaired disability. "Communication
impaired disability" means certified as deaf, severely
hearing impaired, hard-of-hearing having a hearing loss, speech impaired,
deaf and blind disability, or mobility impaired if the mobility
impairment significantly impedes the ability physical disability that
makes it difficult or impossible to use standard customer premises telecommunications
services and equipment.
Subd. 4. Communication
device. "Communication
device" means a device that when connected to a telephone enables a
communication-impaired person to communicate with another person utilizing the
telephone system. A "communication
device" includes a ring signaler, an amplification device, a telephone
device for the deaf, a Brailling device for use with a telephone, and any other
device the Department of Human Services deems necessary.
Subd. 4a. Deaf. "Deaf" means a hearing impairment
loss of such severity that the individual must depend primarily upon
visual communication such as writing, lip reading, manual communication sign
language, and gestures.
Subd. 4b. Deafblind. "Deafblind" means any
combination of vision and hearing loss which interferes with acquiring
information from the environment to the extent that compensatory strategies and
skills are necessary to access that or other information.
Subd. 5. Exchange. "Exchange" means a unit area
established and described by the tariff of a telephone company for the
administration of telephone service in a specified geographical area, usually
embracing a city, town, or village and its environs, and served by one or more
central offices, together with associated facilities used in providing service
within that area.
Subd. 6. Fund. "Fund" means the telecommunications access Minnesota fund established in section 237.52.
Subd. 6a. Hard-of-hearing. "Hard-of-hearing" means a
hearing impairment loss resulting in a functional loss limitation,
but not to the extent that the individual must depend primarily upon visual
communication.
Subd. 7. Interexchange
service. "Interexchange
service" means telephone service between points in two or more exchanges.
Subd. 8. Inter-LATA
interexchange service. "Inter-LATA
interexchange service" means interexchange service originating and
terminating in different LATAs.
Subd. 9. Local
access and transport area. "Local
access and transport area (LATA)" means a geographical area designated by
the Modification of Final Judgment in U.S. v. Western Electric Co., Inc., 552
F. Supp. 131 (D. D. C. 1982), including modifications in effect on
the effective date of sections 237.51 to 237.54.
Subd. 10. Local
exchange service. "Local
exchange service" means telephone service between points within an
exchange.
Subd. 10a. Telecommunications
device. "Telecommunications
device" means a device that (1) allows a person with a communication
disability to have access to telecommunications services as defined in
subdivision 13, and (2) is specifically selected by the Department of Human
Services for its capacity to allow persons with communication disabilities to
use telecommunications services in a manner that is functionally equivalent to
the ability of an individual who does not have a communication disability. A telecommunications device may include a
ring signaler, an amplified telephone, a hands-free telephone, a text
telephone, a captioned telephone, a wireless device, a device that produces
Braille output for use with a telephone, and any other device the Department of
Human Services deems appropriate.
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Subd. 11. Telecommunication Telecommunications
Relay service Services. "Telecommunication
Telecommunications Relay service Services" or "TRS"
means a central statewide service through which a communication-impaired person,
using a communication device, may send and receive messages to and from a
non-communication-impaired person whose telephone is not equipped with a
communication device and through which a non-communication-impaired person may,
by using voice communication, send and receive messages to and from a
communication-impaired person the telecommunications transmission
services required under Federal Communications Commission (FCC) regulations at
Code of Federal Regulations, title 47, sections 64.604 to 64.606. TRS allows an individual who has a
communication disability to use telecommunications services in a manner that is
functionally equivalent to the ability of an individual who does not have a
communication disability.
Subd. 12.
Telecommunications. "Telecommunications" means
the transmission, between or among points specified by the user, of information
of the user's choosing, without change in the form or content of the
information as sent and received.
Subd. 13.
Telecommunications services. "Telecommunications
services" means the offering of telecommunications for fee directly to the
public, or to such classes of users as to be effectively available to the
public, regardless of the facilities used.
Sec. 2. Minnesota Statutes 2010, section 237.51, is amended to read:
237.51
TELECOMMUNICATIONS ACCESS MINNESOTA PROGRAM ADMINISTRATION.
Subdivision 1. Creation. The commissioner of commerce shall:
(1) administer through interagency agreement with the
commissioner of human services a program to distribute communication telecommunications
devices to eligible communication-impaired persons who have
communication disabilities; and
(2) contract with a one or more qualified vendor
vendors that serves communication-impaired serve persons who
have communication disabilities to create and maintain a
telecommunication provide telecommunications relay service services.
For purposes of sections 237.51 to 237.56, the Department of Commerce and any organization with which it contracts pursuant to this section or section 237.54, subdivision 2, are not telephone companies or telecommunications carriers as defined in section 237.01.
Subd. 5. Commissioner of commerce duties. In addition to any duties specified elsewhere in sections 237.51 to 237.56, the commissioner of commerce shall:
(1) prepare the reports required by section 237.55;
(2) administer the fund created in section 237.52; and
(3) adopt rules under chapter 14 to implement the provisions of sections 237.50 to 237.56.
Subd. 5a. Department Commissioner of
human services duties. (a) In
addition to any duties specified elsewhere in sections 237.51 to 237.56, the
commissioner of human services shall:
(1) define economic hardship, special needs, and household
criteria so as to determine the priority of eligible applicants for initial
distribution of devices and to determine circumstances necessitating provision
of more than one communication telecommunications device per
household;
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(2) establish a method to verify eligibility requirements;
(3) establish specifications for communication
telecommunications devices to be purchased provided under
section 237.53, subdivision 3; and
(4) inform the public and specifically the
community of communication-impaired persons who have communication
disabilities of the program.; and
(5) provide devices based on the
assessed need of eligible applicants.
(b) The commissioner may establish an
advisory board to advise the department in carrying out the duties specified in
this section and to advise the commissioner of commerce in carrying out duties
under section 237.54. If so established,
the advisory board must include, at a minimum, the following communication-impaired
persons:
(1) at least one member who is deaf;
(2) at least one member who is has
a speech impaired disability;
(3) at least one member who is mobility
impaired has a physical disability that makes it difficult or impossible
for the person to access telecommunications services; and
(4) at least one member who is hard-of-hearing.
The membership terms, compensation, and removal of members and the filling of membership vacancies are governed by section 15.059. Advisory board meetings shall be held at the discretion of the commissioner.
Sec. 3. Minnesota Statutes 2010, section 237.52, is amended to read:
237.52
TELECOMMUNICATIONS ACCESS MINNESOTA FUND.
Subdivision 1. Fund established. A telecommunications access Minnesota fund is established as an account in the state treasury. Earnings, such as interest, dividends, and any other earnings arising from fund assets, must be credited to the fund.
Subd. 2. Assessment. (a) The commissioner of commerce, the commissioner of employment and economic development, and the commissioner of human services shall annually recommend to the Public Utilities Commission (PUC) an adequate and appropriate surcharge and budget to implement sections 237.50 to 237.56, 248.062, and 256C.30, respectively. The maximum annual budget for section 248.062 must not exceed $100,000 and for section 256C.30 must not exceed $300,000. The Public Utilities Commission shall review the budgets for reasonableness and may modify the budget to the extent it is unreasonable. The commission shall annually determine the funding mechanism to be used within 60 days of receipt of the recommendation of the departments and shall order the imposition of surcharges effective on the earliest practicable date. The commission shall establish a monthly charge no greater than 20 cents for each customer access line, including trunk equivalents as designated by the commission pursuant to section 403.11, subdivision 1.
(b) If the fund balance falls below a level capable of fully supporting all programs eligible under subdivision 5 and sections 248.062 and 256C.30, expenditures under sections 248.062 and 256C.30 shall be reduced on a pro rata basis and expenditures under sections 237.53 and 237.54 shall be fully funded. Expenditures under sections 248.062 and 256C.30 shall resume at fully funded levels when the commissioner of commerce determines there is a sufficient fund balance to fully fund those expenditures.
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Subd. 3. Collection. Every telephone company or
communications carrier that provides service provider of services
capable of originating a telecommunications relay TRS call,
including cellular communications and other nonwire access services, in this state
shall collect the charges established by the commission under subdivision 2 and
transfer amounts collected to the commissioner of public safety in the same
manner as provided in section 403.11, subdivision 1, paragraph (d). The commissioner of public safety must
deposit the receipts in the fund established in subdivision 1.
Subd. 4. Appropriation. Money in the fund is appropriated to the commissioner of commerce to implement sections 237.51 to 237.56, to the commissioner of employment and economic development to implement section 248.062, and to the commissioner of human services to implement section 256C.30.
Subd. 5. Expenditures. (a) Money in the fund may only be used for:
(1) expenses of the Department of Commerce, including personnel cost, public relations, advisory board members' expenses, preparation of reports, and other reasonable expenses not to exceed ten percent of total program expenditures;
(2) reimbursing the commissioner of human services for purchases made or services provided pursuant to section 237.53;
(3) reimbursing telephone companies for purchases made or services provided under section 237.53, subdivision 5; and
(4) contracting for establishment and
operation of the telecommunication relay service the provision of TRS
required by section 237.54.
(b) All costs directly associated with the
establishment of the program, the purchase and distribution of communication
telecommunications devices, and the establishment and operation of
the telecommunication relay service provision of TRS are either
reimbursable or directly payable from the fund after authorization by the
commissioner of commerce. The
commissioner of commerce shall contract with the message relay service
operator one or more TRS providers to indemnify the local exchange
carriers of the relay telecommunications service providers
for any fines imposed by the Federal Communications Commission related to the
failure of the relay service to comply with federal service standards. Notwithstanding section 16A.41, the commissioner
may advance money to the contractor of the telecommunication relay service
TRS providers if the contractor establishes providers
establish to the commissioner's satisfaction that the advance payment is
necessary for the operation provision of the service. The advance payment may be used only for
working capital reserve for the operation of the service. The advance payment must be offset or repaid
by the end of the contract fiscal year together with interest accrued from the
date of payment.
Sec. 4. Minnesota Statutes 2010, section 237.53, is amended to read:
237.53
COMMUNICATION TELECOMMUNICATIONS DEVICE.
Subdivision 1. Application. A person applying for a communication
telecommunications device under this section must apply to the program
administrator on a form prescribed by the Department of Human Services.
Subd. 2. Eligibility. To be eligible to obtain a communication
telecommunications device under this section, a person must be:
(1) be able to benefit from and use the equipment for its intended purpose;
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(2) have a communication impaired
disability;
(3) be a resident of the state;
(4) be a resident in a household
that has a median income at or below the applicable median household income in
the state, except a deaf and blind person who is deafblind
applying for a telebraille unit Braille device may reside in a household
that has a median income no more than 150 percent of the applicable median
household income in the state; and
(5) be a resident in a household
that has telephone telecommunications service or that has made
application for service and has been assigned a telephone number; or a resident
in a residential care facility, such as a nursing home or group home where telephone
telecommunications service is not included as part of overall service
provision.
Subd. 3. Distribution. The commissioner of human services shall
purchase and distribute a sufficient number of communication telecommunications
devices so that each eligible household receives an appropriate device
devices as determined under section 237.51, subdivision 5a. The commissioner of human services shall
distribute the devices to eligible households in each service area free
of charge as determined under section 237.51, subdivision 5a.
Subd. 4. Training;
maintenance. The commissioner of
human services shall maintain the communication telecommunications
devices until the warranty period expires, and provide training, without
charge, to first-time users of the devices.
Subd. 5. Wiring
installation. If a
communication-impaired person is not served by telephone service and is subject
to economic hardship as determined by the Department of Human Services, the
telephone company providing local service shall at the direction of the
administrator of the program install necessary outside wiring without charge to
the household.
Subd. 6. Ownership. All communication Telecommunications
devices purchased pursuant to subdivision 3 will become are the
property of the state of Minnesota. Policies
and procedures for the return of devices from individuals who withdraw from the
program or whose eligibility status changes shall be determined by the
commissioner of human services.
Subd. 7. Standards. The communication telecommunications
devices distributed under this section must comply with the electronic
industries association alliance standards and be approved
by the Federal Communications Commission.
The commissioner of human services must provide each eligible person a
choice of several models of devices, the retail value of which may not exceed
$600 for a communication device for the deaf text telephone, and
a retail value of $7,000 for a telebraille Braille device, or an
amount authorized by the Department of Human Services for a telephone device
for the deaf with auxiliary equipment all other telecommunications
devices and auxiliary equipment it deems cost-effective and appropriate to
distribute according to sections 237.51 to 237.56.
Sec. 5. Minnesota Statutes 2010, section 237.54, is amended to read:
237.54
TELECOMMUNICATION TELECOMMUNICATIONS RELAY SERVICE SERVICES
(TRS).
Subd. 2. Operation. (a) The commissioner of commerce shall
contract with a one or more qualified vendor vendors
for the operation and maintenance of the telecommunication relay system provision
of Telecommunications Relay Services (TRS).
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(b) The telecommunication relay service
provider TRS providers shall operate the relay service within the state
of Minnesota. The operator of the
system TRS providers shall keep all messages confidential, shall
train personnel in the unique needs of communication-impaired people, and shall
inform communication-impaired persons and the public of the availability and
use of the system. Except in the case of
a speech- or mobility-impaired person, the operator shall not relay a message
unless it originates or terminates through a communication device for the deaf
or a Brailling device for use with a telephone comply with all current
and subsequent FCC regulations at Code of Federal Regulations, title 47,
sections 64.601 to 64.606, and shall inform persons who have communication
disabilities and the public of the availability and use of TRS.
Sec. 6. Minnesota Statutes 2010, section 237.55, is amended to read:
237.55
ANNUAL REPORT ON COMMUNICATION TELECOMMUNICATIONS ACCESS.
The commissioner of commerce must prepare a
report for presentation to the Public Utilities Commission by January 31
of each year. Each report must review
the accessibility of the telephone system to communication-impaired persons,
review the ability of non-communication-impaired persons to communicate with
communication-impaired persons via the telephone system telecommunications
services to persons who have communication disabilities, describe services
provided, account for money received and disbursed annually annual
revenues and expenditures for each aspect of the program fund
to date, and include predicted program future operation.
Sec. 7. Minnesota Statutes 2010, section 237.56, is amended to read:
237.56
ADEQUATE SERVICE ENFORCEMENT.
The services required to be provided under
sections 237.50 to 237.55 may be enforced under section 237.081 upon a
complaint of at least two communication-impaired persons within the
service area of any one telephone company telecommunications service
provider, provided that if only one person within the service area of a
company is receiving service under sections 237.50 to 237.55, the commission
Public Utilities Commission may proceed upon a complaint from that
person.
ARTICLE 11
COMPREHENSIVE ASSESSMENT AND CASE MANAGEMENT REFORM
Section 1. Minnesota Statutes 2011 Supplement, section 256B.0625, subdivision 56, is amended to read:
Subd. 56. Medical
service coordination. (a) Medical
assistance covers in-reach community-based service coordination that is
performed in through a hospital emergency department as an
eligible procedure under a state healthcare program or private insurance
for a frequent user. A frequent user is
defined as an individual who has frequented the hospital emergency department
for services three or more times in the previous four consecutive months. In-reach community-based service coordination
includes navigating services to address a client's mental health, chemical
health, social, economic, and housing needs, or any other activity targeted at
reducing the incidence of emergency room and other nonmedically necessary
health care utilization.
(b) Reimbursement must be made in 15-minute
increments under current Medicaid mental health social work reimbursement
methodology and allowed for up to 60 days posthospital discharge based upon
the specific identified emergency department visit or inpatient admitting
event. A frequent user who is
participating in care coordination within a health care home framework is
ineligible for reimbursement under this subdivision. In-reach community-based service
coordination shall seek to connect frequent users with existing covered
services available to them, including, but not limited to, targeted case
management, waiver case management, or care coordination in a health care home. Eligible in-reach service coordinators must
hold a minimum of a bachelor's degree in social work, public health, corrections,
or a related field. The commissioner
shall submit any necessary application for waivers to the Centers for Medicare
and Medicaid Services to implement this subdivision.
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(c) For the purposes of this subdivision, "in-reach community-based service coordination" means the practice of a community-based worker with training, knowledge, skills, and ability to access a continuum of services, including housing, transportation, chemical and mental health treatment, employment, and peer support services, by working with an organization's staff to transition an individual back into the individual's living environment. In-reach community-based service coordination includes working with the individual during their discharge and for up to a defined amount of time in the individual's living environment, reducing the individual's need for readmittance.
Sec. 2. Minnesota Statutes 2010, section 256B.0659, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) For the purposes of this section, the terms defined in paragraphs (b) to (r) 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) "Extended personal care assistance service" means personal care assistance services included in a service plan under one of the home and community-based services waivers authorized under sections 256B.0915, 256B.092, subdivision 5, and 256B.49, which exceed the amount, duration, and frequency of the state plan personal care assistance services for participants who:
(1) need assistance provided periodically during a week, but less than daily will not be able to remain in their homes without the assistance, and other replacement services are more expensive or are not available when personal care assistance services are to be terminated; or
(2) need additional personal care assistance services beyond the amount authorized by the state plan personal care assistance assessment in order to ensure that their safety, health, and welfare are provided for in their homes.
(h) "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.
(i) "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.
(j) "Managing employee" has the same definition as Code of Federal Regulations, title 42, section 455.
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(k) "Qualified professional" means a professional providing supervision of personal care assistance services and staff as defined in section 256B.0625, subdivision 19c.
(l) "Personal care assistance provider agency" means a medical assistance enrolled provider that provides or assists with providing personal care assistance services and includes a personal care assistance provider organization, personal care assistance choice agency, class A licensed nursing agency, and Medicare-certified home health agency.
(m) "Personal care assistant" or "PCA" means an individual employed by a personal care assistance agency who provides personal care assistance services.
(n) "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.
(o) "Responsible party" means an individual who is capable of providing the support necessary to assist the recipient to live in the community.
(p) "Self-administered medication" means medication taken orally, by injection, nebulizer, or insertion, or applied topically without the need for assistance.
(q) "Service plan" means a written summary of the assessment and description of the services needed by the recipient.
(r) "Wages and benefits" means wages and salaries, the employer's share of FICA taxes, Medicare taxes, state and federal unemployment taxes, workers' compensation, mileage reimbursement, health and dental insurance, life insurance, disability insurance, long-term care insurance, uniform allowance, and contributions to employee retirement accounts.
Sec. 3. Minnesota Statutes 2010, section 256B.0659, subdivision 2, is amended to read:
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;
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(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;
(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, including medications given through a nebulizer;
(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. A
personal care assistant must not determine the medication dose or time for
medication.
(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 (i).
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Sec. 4. Minnesota Statutes 2010, section 256B.0659, subdivision 3a, is amended to read:
Subd. 3a. Assessment; defined. (a) "Assessment" means a
review and evaluation of a recipient's need for home personal
care assistance services conducted in person. Assessments for personal care assistance
services shall be conducted by the county public health nurse or a certified
public health nurse under contract with the county except when a long-term
care consultation assessment is being conducted for the purposes of determining
a person's eligibility for home and community-based waiver services including
personal care assistance services according to section 256B.0911. An in-person assessment must include: documentation of health status, determination
of need, evaluation of service effectiveness, 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 assistance 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. 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
assistance 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
assistance service. A service update may
be completed by telephone, used when there is no need for an increase in
personal care assistance 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 or reassessments 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.
(b) This subdivision expires when notification is given
by the commissioner as described in section 256B.0911, subdivision 3a.
Sec. 5. Minnesota Statutes 2010, section 256B.0659, subdivision 4, is amended to read:
Subd. 4. Assessment for personal care assistance services; limitations. (a) An assessment as defined in subdivision 3a 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 daily need or need on the days during the week the activity is completed for:
(i) cuing 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 or
community support plan developed under section 256B.0911, and found in the
following:
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(1) tube feedings requiring:
(i) a gastrojejunostomy 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 devices 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 intermittent catheterization, and including 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
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(ii) swallowing disorders diagnosed by a physician and requiring specialized assistance from another on a daily basis; and
(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) increased need for assistance for
recipients who are verbally aggressive and or resistive to
care so that the time needed to perform activities of daily living is
increased.
Sec. 6. Minnesota Statutes 2010, 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 support
and service options that meet their needs and reflect their
preferences. The availability of, and
access to, information and other types of assistance, including assessment and
support planning, is also intended to prevent or delay certified nursing
facility institutional placements and to provide access to
transition assistance after admission.
Further, the goal of these services is to contain costs associated with
unnecessary certified nursing facility institutional admissions. Long-term consultation services must be
available to any person regardless of public program eligibility. The commissioner of human services 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 long-term care options counseling provided under section 256.975,
subdivision 7, and 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 lead 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. 7. Minnesota Statutes 2011 Supplement, section 256B.0911, subdivision 1a, is amended to read:
Subd. 1a. Definitions. For purposes of this section, the following definitions apply:
(a) Until additional requirements apply under paragraph (b), "long-term care consultation services" means:
(1) intake for and access to assistance in identifying services needed to maintain an individual in the most inclusive environment;
(2) providing recommendations on for
and referrals to cost-effective community services that are available to
the individual;
(3) development of an individual's person-centered community support plan;
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(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;
(6) federally mandated preadmission
screening to determine the need for an institutional level of care under
subdivision 4a activities described under subdivisions 4a and 4b;
(7) determination of home and
community-based waiver and other service eligibility as required under
sections 256B.0913, 256B.0915, and 256B.49, including level of care
determination for individuals who need an institutional level of care as
determined under section 256B.0911, subdivision 4a, paragraph (d), or
256B.092, service eligibility including state plan home care services
identified in sections 256B.0625, subdivisions 6, 7, and 19, paragraphs (a) and
(c), and 256B.0657, based on assessment and community support plan
development with, appropriate referrals to obtain necessary
diagnostic information, and including the option an
eligibility determination for consumer-directed community supports;
(8) providing recommendations for nursing
facility institutional placement when there are no cost-effective
community services available; and
(9) providing access to assistance to
transition people back to community settings after facility institutional
admission.; and
(10) providing information about
competitive employment, with or without supports, for school-age youth and
working-age adults and referrals to the Disability Linkage Line and Disability
Benefits 101 to ensure that an informed choice about competitive employment can
be made. For the purposes of this
subdivision, "competitive employment" means work in the competitive
labor market that is performed on a full-time or part-time basis in an
integrated setting, and for which an individual is compensated at or above the
minimum wage, but not less than the customary wage and level of benefits paid
by the employer for the same or similar work performed by individuals without
disabilities.
(b) Upon statewide implementation of
lead agency requirements in subdivisions 2b, 2c, and 3a, "long-term care
consultation services" also means:
(1) service eligibility determination
for state plan home care services identified in:
(i) section 256B.0625, subdivisions 7,
19a, and 19c;
(ii) section 256B.0657; or
(iii) consumer support grants under
section 256.476;
(2) notwithstanding provisions in
Minnesota Rules, parts 9525.0004 to 9525.0024, determination of eligibility for
case management services available under sections 256B.0621, subdivision 2,
paragraph (4), and 256B.0924 and Minnesota Rules, part 9525.0016;
(3) determination of institutional
level of care, home and community-based service waiver, and other service
eligibility as required under section 256B.092, determination of eligibility
for family support grants under section 252.32, semi-independent living
services under section 252.275, and day training and habilitation services
under section 256B.092; and
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(4) obtaining necessary diagnostic
information to determine eligibility under clauses (2) and (3).
(b) (c) "Long-term care
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.
(c) (d) "Minnesota health
care programs" means the medical assistance program under chapter 256B and
the alternative care program under section 256B.0913.
(d) (e) "Lead
agencies" means counties administering or a collaboration of
counties, tribes, and health plans administering under
contract with the commissioner to administer long-term care consultation
assessment and support planning services.
Sec. 8. Minnesota Statutes 2010, section 256B.0911, subdivision 2b, is amended to read:
Subd. 2b. Certified
assessors. (a) Beginning January
1, 2011, Each lead agency shall use certified assessors who have completed
training and the certification processes 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. A lead agency may choose,
according to departmental policies, to contract with a qualified, certified
assessor to conduct assessments and reassessments on behalf of the lead agency.
(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 nurse without public health certification with at least three
two years of home and community-based experience that have has
received training and certification specific to assessment and consultation for
long-term care services in the state.
Sec. 9. Minnesota Statutes 2010, section 256B.0911, subdivision 2c, is amended to read:
Subd. 2c. Assessor
training and certification. The
commissioner shall develop and implement 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. within timelines
specified by the commissioner, but no sooner than six months after statewide
availability of the training and certification process. The commissioner must establish the timelines
for training and certification in a manner that allows lead agencies to most
efficiently adopt the automated process established in subdivision 5. 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. 10. Minnesota Statutes 2010, 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.
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(b) Certified assessors must be part of a multidisciplinary long-term care consultation team of professionals that includes public health nurses, social workers, and other professionals as defined in subdivision 2b, paragraph (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.
(c) The commissioner shall allow arrangements and make recommendations that encourage counties and tribes 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).
(d) Tribes and health plans under
contract with the commissioner must provide long-term care consultation
services as specified in the contract.
(e) The lead agency must provide the
commissioner with an administrative contact for communication purposes.
Sec. 11. Minnesota Statutes 2011 Supplement, 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 15 20 calendar days
after the date on which an assessment was requested or recommended. After January 1, 2011, these requirements
also apply to Upon statewide implementation of subdivisions 2b, 2c, and
5, this requirement also applies to an assessment of a person requesting
personal care assistance services, and private duty nursing,
and home health agency services, on timelines established in subdivision 5. The commissioner shall provide at least a
90-day notice to lead agencies prior to the effective date of this requirement. Face-to-face assessments must be conducted according
to paragraphs (b) to (i).
(b) The county lead agency may
utilize a team of either the social worker or public health nurse, or
both. After January 1, 2011 Upon
implementation of subdivisions 2b, 2c, and 5, lead agencies shall use
certified assessors to conduct the assessment in a face-to-face interview
assessment. The consultation team
members must confer regarding the most appropriate care for each individual
screened or assessed. For a person
with complex health care needs, a public health or registered nurse from the
team must be consulted.
(c) The 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 community support plan that meets the consumers needs, using an assessment form provided by the commissioner.
(d) The assessment must be conducted in a
face-to-face interview with the person being assessed and the person's legal representative,
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 community 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 person, or the person's legal
representative, must be provided with written recommendations for
community-based services, including consumer-directed options, or institutional
care that include documentation that the most cost-effective alternatives
available were offered to the individual, and alternatives to residential
settings, including, but not limited to, foster care settings that are not the
primary residence of the license holder.
For purposes of this requirement, "cost-effective
alternatives" means community services and living arrangements that cost
the same as or less than institutional care.
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(f) (e) If the person chooses to use
community-based services, the person or the person's legal representative must
be provided with a written community support plan within 40 calendar days of
the assessment visit, regardless of whether the individual is eligible for
Minnesota health care programs. The
written community support plan must include:
(1) a summary of assessed needs as defined in paragraphs
(c) and (d);
(2) the individual's options and choices to meet
identified needs, including all available options for case management services
and providers;
(3) identification of health and safety risks and how
those risks will be addressed, including personal risk management strategies;
(4) referral information; and
(5) informal caregiver supports, if applicable.
For a person determined eligible for state plan home
care under subdivision 1a, paragraph (b), clause (1), the person or person's
representative must also receive a copy of the home care service plan developed
by the certified assessor.
(f) A person may request assistance in 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 long-term
care options counseling 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 institutional placement and community placement after the recommendations have been provided, except as provided in subdivision 4a, paragraph (c).
(h) The team lead agency 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:
(1) written recommendations for community-based services
and consumer-directed options;
(2) documentation that the most cost-effective
alternatives available were offered to the individual. For purposes of this clause,
"cost-effective" means community services and living arrangements
that cost the same as or less than institutional care. For an individual found to meet eligibility
criteria for home and community-based service programs under section 256B.0915
or 256B.49, "cost effectiveness" has the meaning found in the
federally approved waiver plan for each program;
(3) the need for and purpose of preadmission screening if the person selects nursing facility placement;
(2) (4) the role of the long-term care
consultation assessment and support planning in waiver and alternative care
program eligibility determination for waiver and alternative care
programs, and state plan home care, case management, and other services as
defined in subdivision 1a, paragraphs (a), clause (7), and (b);
(3) (5) information about Minnesota health care
programs;
(4) (6) the person's freedom to accept or
reject the recommendations of the team;
(5) (7) the person's right to confidentiality
under the Minnesota Government Data Practices Act, chapter 13;
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(6) (8) the long-term care
consultant's certified assessor's decision regarding the person's
need for institutional level of care as determined under criteria established
in section 144.0724, subdivision 11, or 256B.092 256B.0911,
subdivision 4a, paragraph (d), and the certified assessor's decision regarding
eligibility for all services and programs as defined in subdivision 1a,
paragraphs (a), clause (7), and (b); and
(7) (9) the person's right to
appeal the certified assessor's decision regarding eligibility for all
services and programs as defined in subdivision 1a, paragraphs (a), clause (7),
and (b), and incorporating the decision regarding the need for nursing
facility institutional level of care or the county's lead
agency'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.0913,
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.
(j) The effective eligibility start
date for these programs in paragraph (i) 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). Notwithstanding
retroactive medical assistance coverage of state plan services, the
effective date of program eligibility in this case for
programs included in paragraph (i) cannot be prior to the date the most
recent updated assessment is completed.
Sec. 12. Minnesota Statutes 2010, section 256B.0911, subdivision 3b, is amended to read:
Subd. 3b. Transition
assistance. (a) A long-term care
consultation team Lead agency certified assessors 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.975 256.975, subdivision 10
7, for community support plan implementation and to Minnesota health
care programs, including home and community-based waiver services and
consumer-directed options through the waivers, 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, Disability 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 lead agency
shall develop transition processes with institutional social workers and
discharge planners to ensure that:
(1) referrals for in-person assessments
are taken from long-term care options counselors as provided for in section
256.975, subdivision 7, paragraph (b), clause (11);
(2) persons admitted to
facilities assessed in institutions receive information about transition
assistance that is available;
(2) (3) the assessment is
completed for persons within ten working 20 calendar days of the
date of request or recommendation for assessment; and
(3) (4) there is a plan for
transition and follow-up for the individual's return to the community. The plan must require, including
notification of other local agencies when a person who may require
assistance is screened by one county for admission to a facility from
agencies located in another county.; and
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(5) relocation targeted case management
as defined in section 256B.0621, subdivision 2, clause (4), is authorized for an
eligible medical assistance recipient.
(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.
Sec. 13. Minnesota Statutes 2011 Supplement, 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 lead agency
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
(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 developed by
the commissioner, and in section 256B.092, using forms developed by the
commissioner. Effective no sooner than
on or after July 1, 2012, for individuals age 21 and older, and on or after
October 1, 2019, for individuals under age 21, the determination of need for
nursing facility level of care shall be based on criteria in section 144.0724,
subdivision 11. 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 lead agency.
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Sec. 14. Minnesota Statutes 2010, section 256B.0911, subdivision 4c, is amended to read:
Subd. 4c. Screening
requirements. (a) A person may be screened
for nursing facility admission by telephone or in a face-to-face screening
interview. Consultation team members
Certified assessors shall identify each individual's needs using the
following categories:
(1) the person needs no face-to-face screening interview to determine the need for nursing facility level of care based on information obtained from other health care professionals;
(2) the person needs an immediate face-to-face screening interview to determine the need for nursing facility level of care and complete activities required under subdivision 4a; or
(3) the person may be exempt from screening requirements as outlined in subdivision 4b, but will need transitional assistance after admission or in-person follow-along after a return home.
(b) Persons admitted on a nonemergency basis to a Medicaid-certified nursing facility must be screened prior to admission.
(c) The county lead agency
screening or intake activity must include processes to identify persons who may
require transition assistance as described in subdivision 3b.
Sec. 15. Minnesota Statutes 2010, 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), or 256B.441.
(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.
(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.
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(f) The commissioner of human services shall amend the Minnesota medical assistance plan to include reimbursement for the local consultation teams.
(g) Until the alternative payment methodology in paragraph (h) is implemented, 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 other
funding sources, including federal funding, for this all
long-term care consultation and preadmission screening activity.
Sec. 16. Minnesota Statutes 2010, section 256B.0913, subdivision 7, is amended to read:
Subd. 7. Case
management. (a) The provision of
case management under the alternative care program is governed by requirements
in section 256B.0915, subdivisions 1a and 1b.
(b) The case manager must not approve alternative care funding for a client in any setting in which the case manager cannot reasonably ensure the client's health and safety.
(c) The case manager is responsible
for the cost-effectiveness of the alternative care individual care coordinated
service and support plan and must not approve any care plan in which
the cost of services funded by alternative care and client contributions
exceeds the limit specified in section 256B.0915, subdivision 3 3a,
paragraph (b).
(d) Case manager responsibilities
include those in section 256B.0915, subdivision 1a, paragraph (g).
Sec. 17. Minnesota Statutes 2010, section 256B.0913, subdivision 8, is amended to read:
Subd. 8. Requirements
for individual care coordinated service and support plan. (a) The case manager shall implement the coordinated
service and support plan of care for each alternative care client
and ensure that a client's service needs and eligibility are reassessed at
least every 12 months. The
coordinated service and support plan must meet the requirements in section
256B.0915, subdivision 6. The plan
shall include any services prescribed by the individual's attending physician
as necessary to allow the individual to remain in a community setting. In developing the individual's care plan, the
case manager should include the use of volunteers from families and neighbors,
religious organizations, social clubs, and civic and service organizations to
support the formal home care services.
The lead agency shall be held harmless for damages or injuries sustained
through the use of volunteers under this subdivision including workers'
compensation liability. The case manager
shall provide documentation in each individual's plan of care and, if
requested, to the commissioner that the most cost-effective alternatives
available have been offered to the individual and that the individual was free
to choose among available qualified providers, both public and private,
including qualified case management or service coordination providers other
than those employed by any county; however, the county or tribe maintains
responsibility for prior authorizing services in accordance with statutory and
administrative requirements. The case
manager must give the individual a ten-day written notice of any denial,
termination, or reduction of alternative care services.
(b) The county of service or tribe must provide access to and arrange for case management services, including assuring implementation of the coordinated service and support plan. "County of service" has the meaning given it in Minnesota Rules, part 9505.0015, subpart 11. The county of service must notify the county of financial responsibility of the approved care plan and the amount of encumbered funds.
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Sec. 18. Minnesota Statutes 2010, section 256B.0915, subdivision 1a, is amended to read:
Subd. 1a. Elderly waiver case management
services. (a) Elderly Except
as provided to individuals under prepaid medical assistance programs as
described in paragraph (h), case management services under the home and
community-based services waiver for elderly individuals are available from
providers meeting qualification requirements and the standards specified in
subdivision 1b. Eligible recipients may
choose any qualified provider of elderly case management services.
(b) Case management services assist individuals who receive
waiver services in gaining access to needed waiver and other state plan
services, and assist individuals in appeals under section 256.045,
as well as needed medical, social, educational, and other services regardless
of the funding source for the services to which access is gained. Case managers shall collaborate with
consumers, families, legal representatives, and relevant medical experts and
service providers in the development and periodic review of the coordinated
service and support plan.
(c) A case aide shall provide assistance to the case manager in carrying out administrative activities of the case management function. The case aide may not assume responsibilities that require professional judgment including assessments, reassessments, and care plan development. The case manager is responsible for providing oversight of the case aide.
(d) Case managers shall be responsible for ongoing monitoring
of the provision of services included in the individual's plan of care. Case managers shall initiate and oversee
the process of assessment and reassessment of the individual's care
coordinated service and support plan and review the plan of
care at intervals specified in the federally approved waiver plan.
(e) The county of service or tribe must provide access to and arrange for case management services. County of service has the meaning given it in Minnesota Rules, part 9505.0015, subpart 11.
(f) Except as described in paragraph (h), case
management services must be provided by a public or private agency that is
enrolled as a medical assistance provider determined by the commissioner to
meet all of the requirements in subdivision 1b.
Case management services must not be provided to a recipient by a
private agency that has a financial interest in the provision of any other
services included in the recipient's coordinated service and support plan. For purposes of this section, "private
agency" means any agency that is not identified as a lead agency under
section 256B.0911, subdivision 1a, paragraph (e).
(g) Case management service activities provided to or
arranged for a person include:
(1) development of the coordinated service and support
plan under subdivision 6;
(2) informing the individual or the individual's legal
guardian or conservator of service options, and options for case management
services and providers;
(3) consulting with relevant medical experts or service
providers;
(4) assisting the person in the identification of
potential providers;
(5) assisting the person to access services;
(6) coordination of services; and
(7) evaluation and monitoring of the services identified
in the plan, which must incorporate at least one annual face-to-face visit by
the case manager with each person.
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7989
(h)
Notwithstanding any requirements in this section, for individuals enrolled in
prepaid medical assistance programs under section 256B.69, subdivisions 6b and
23, the health plan shall provide or arrange to provide elderly waiver case
management services in paragraph (g), in accordance with contract requirements
established by the commissioner.
Sec. 19. Minnesota Statutes 2010, section 256B.0915, subdivision 1b, is amended to read:
Subd. 1b. Provider
qualifications and standards. (a)
The commissioner must enroll qualified providers of elderly case
management services under the home and community-based waiver for the elderly
under section 1915(c) of the Social Security Act. The enrollment process shall ensure the
provider's ability to meet the qualification requirements and standards in this
subdivision and other federal and state requirements of this service. An elderly A case management
provider is an enrolled medical assistance provider who is determined by the
commissioner to have all of the following characteristics:
(1) the demonstrated capacity and experience to provide the components of case management to coordinate and link community resources needed by the eligible population;
(2) administrative capacity and experience in serving the target population for whom it will provide services and in ensuring quality of services under state and federal requirements;
(3) a financial management system that provides accurate documentation of services and costs under state and federal requirements;
(4) the capacity to document and maintain individual case records under state and federal requirements; and
(5) the lead agency may allow a case manager
employed by the lead agency to delegate certain aspects of the case management
activity to another individual employed by the lead agency provided there is
oversight of the individual by the case manager. The case manager may not delegate those
aspects which require professional judgment including assessments,
reassessments, and care coordinated service and support plan
development. Lead agencies include
counties, health plans, and federally recognized tribes who authorize services
under this section.
(b) A health plan shall provide or arrange
to provide elderly waiver case management services in subdivision 1a, paragraph
(g), in accordance with contract requirements established by the commissioner
related to provider standards and qualifications.
Sec. 20. Minnesota Statutes 2010, section 256B.0915, subdivision 3c, is amended to read:
Subd. 3c. Service
approval and contracting provisions. (a)
Medical assistance funding for skilled nursing services, private duty nursing,
home health aide, and personal care services for waiver recipients must be
approved by the case manager and included in the individual care coordinated
service and support plan.
(b) A lead agency is not required to contract with a provider of supplies and equipment if the monthly cost of the supplies and equipment is less than $250.
Sec. 21. Minnesota Statutes 2010, section 256B.0915, subdivision 6, is amended to read:
Subd. 6. Implementation
of care coordinated service and support plan. (a) Each elderly waiver client
shall be provided a copy of a written care coordinated service and
support plan that meets the requirements outlined in section 256B.0913,
subdivision 8. The care plan must be
implemented by the county of service when it is different than the county of
financial responsibility. The county of
service administering waivered services must notify the county of financial
responsibility of the approved care plan.
which:
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(1) is developed and signed by the recipient within ten
working days after the case manager receives the assessment information and
written community support plan as described in section 256B.0911, subdivision
3a, from the certified assessor;
(2) includes the person's need for service and
identification of service needs that will be or that are met by the person's
relatives, friends, and others, as well as community services used by the
general public;
(3) reasonably ensures the health and safety of the
recipient;
(4) identifies the
person's preferences for services as stated by the person or the person's legal
guardian or conservator;
(5) reflects the person's informed choice between
institutional and community-based services, as well as choice of services,
supports, and providers, including available case manager providers;
(6) identifies long and short-range goals for the
person;
(7) identifies specific services and the amount,
frequency, duration, and cost of the services to be provided to the person
based on assessed needs, preferences, and available resources;
(8) includes information about the right to appeal
decisions under section 256.045; and
(9) includes the authorized annual and estimated monthly
amounts for the services.
(b) In developing the coordinated service and support
plan, the case manager should also include the use of volunteers, religious
organizations, social clubs, and civic and service organizations to support the
individual in the community. The lead
agency must be held harmless for damages or injuries sustained through the use
of volunteers and agencies under this paragraph, including workers'
compensation liability.
Sec. 22. Minnesota Statutes 2011 Supplement, section 256B.0915, subdivision 10, is amended 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 6b and
23, to reflect the maximum service rate limits for customized living services
and 24-hour customized living services under subdivisions 3e and 3h. Medical assistance rates paid to customized
living providers by managed care organizations under this section shall not
exceed the maximum service rate limits and component rates as determined by the
commissioner under subdivisions 3e and 3h.
Sec. 23. Minnesota Statutes 2010, section 256B.092, subdivision 1, is amended to read:
Subdivision 1. County of financial responsibility;
duties. Before any services shall be
rendered to persons with developmental disabilities who are in need of social
service and medical assistance, the county of financial responsibility shall
conduct or arrange for a diagnostic evaluation in order to determine whether
the person has or may have a developmental disability or has or may have a
related condition. If the county of
financial responsibility determines that the person has a developmental
disability, the county shall inform the person of case management services
available under this section. Except as
provided in subdivision 1g or 4b, if a person is diagnosed as having a
developmental disability, the county of financial responsibility shall conduct
or arrange for a needs assessment by a certified assessor, and
develop or arrange for an individual service a community support
plan according to section 256B.0911, provide or arrange for ongoing
case management services at the level identified in the individual service plan,
provide or arrange for case management administration, and authorize
services identified in the person's individual service coordinated
service and support plan developed according to subdivision 1b. Diagnostic information, obtained by other
providers or agencies, may be used by the county agency in determining
eligibility
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for case management.
Nothing in this section shall be construed as requiring: (1) assessment in areas agreed to as
unnecessary by the case manager a certified assessor and the
person, or the person's legal guardian or conservator, or the parent if the
person is a minor, or (2) assessments in areas where there has been a
functional assessment completed in the previous 12 months for which the case
manager certified assessor and the person or person's guardian or
conservator, or the parent if the person is a minor, agree that further
assessment is not necessary. For persons
under state guardianship, the case manager certified assessor
shall seek authorization from the public guardianship office for waiving any
assessment requirements. Assessments
related to health, safety, and protection of the person for the purpose of
identifying service type, amount, and frequency or assessments required to
authorize services may not be waived. To
the extent possible, for wards of the commissioner the county shall consider
the opinions of the parent of the person with a developmental disability when
developing the person's individual service community support plan
and coordinated service and support plan.
Sec. 24. Minnesota Statutes 2010, section 256B.092, subdivision 1a, is amended to read:
Subd. 1a. Case
management administration and services.
(a) The administrative functions of case management provided
to or arranged for a person include: 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.
(1) review of eligibility for services;
(2) screening;
(3) intake;
(4) diagnosis;
(5) the review and authorization of
services based upon an individualized service plan; and
(6) responding to requests for
conciliation conferences and appeals according to section 256.045 made by the
person, the person's legal guardian or conservator, or the parent if the person
is a minor.
(b) Case management service activities provided to or arranged for a person include:
(1) development of the individual
service coordinated service and support plan under subdivision 1b;
(2) informing the individual or the individual's legal guardian or conservator, or parent if the person is a minor, of service options;
(3) consulting with relevant medical experts or service providers;
(4) assisting the person in the identification of potential providers;
(5) assisting the person to access services and assisting in appeals under section 256.045;
(6) coordination of services, if coordination is not provided by another service provider;
(7) evaluation and monitoring of the services identified in the coordinated service and support plan, which must incorporate at least one annual face-to-face visit by the case manager with each person; and
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(8) annual reviews of service plans and
services provided reviewing coordinated service and support plans and
providing the lead agency with recommendations for service authorization based
upon the individual's needs identified in the coordinated service and support
plan.
(c) Case management administration and
service activities that are provided to the person with a developmental
disability shall be provided directly by county agencies or under
contract. Case management services
must be provided by a public or private agency that is enrolled as a medical
assistance provider determined by the commissioner to meet all of the
requirements in the approved federal waiver plans. Case management services must not be provided
to a recipient by a private agency that has a financial interest in the
provision of any other services included in the recipient's coordinated service
and support plan. For purposes of this
section, "private agency" means any agency that is not identified as
a lead agency under section 256B.0911, subdivision 1a, paragraph (e).
(d) Case managers are responsible for the
administrative duties and service provisions listed in paragraphs (a) and
(b). Case managers shall collaborate
with consumers, families, legal representatives, and relevant medical experts
and service providers in the development and annual review of the individualized
service coordinated service and support plan and habilitation plans
plan.
(e) The
Department of Human Services shall offer ongoing education in case management
to case managers. Case managers shall receive no less than ten hours of
case management education and disability-related training each year.
Sec. 25. Minnesota Statutes 2010, section 256B.092, subdivision 1b, is amended to read:
Subd. 1b. Individual
Coordinated service and support plan. The individual service plan must (a)
Each recipient of home and community-based waivered services shall be provided
a copy of the written coordinated service and support plan which:
(1) is developed and signed by the recipient
within ten working days after the case manager receives the assessment
information and written community support plan as described in section
256B.0911, subdivision 3a, from the certified assessor;
(1) include the results of the
assessment information on (2) includes the person's need for
service, including identification of service needs that will be or that are met
by the person's relatives, friends, and others, as well as community services
used by the general public;
(3) reasonably ensures the health and
safety of the recipient;
(2) identify (4) identifies
the person's preferences for services as stated by the person, the person's
legal guardian or conservator, or the parent if the person is a minor,
including the person's choices made on self-directed options and on services
and supports to achieve employment goals;
(5) provides for an informed choice, as
defined in section 256B.77, subdivision 2, paragraph (o), of service and
support providers, and identifies all available options for case management
services and providers;
(3) identify (6) identifies
long- and short-range goals for the person;
(4) identify (7) identifies
specific services and the amount and frequency of the services to be provided
to the person based on assessed needs, preferences, and available
resources. The individual service
coordinated service and support plan shall also specify other services
the person needs that are not available;
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(5) identify (8) identifies
the need for an individual program plan to be developed by the provider
according to the respective state and federal licensing and certification
standards, and additional assessments to be completed or arranged by the
provider after service initiation;
(6) identify (9) identifies
provider responsibilities to implement and make recommendations for
modification to the individual service coordinated service and support
plan;
(7)
include (10) includes
notice of the right to request a conciliation conference or a hearing under
section 256.045;
(8) be (11) is agreed upon
and signed by the person, the person's legal guardian or conservator, or the
parent if the person is a minor, and the authorized county representative; and
(9) be (12) is reviewed by a
health professional if the person has overriding medical needs that impact the
delivery of services.; and
(13) includes the authorized annual and
monthly amounts for the services.
Service planning formats developed for
interagency planning such as transition, vocational, and individual family
service plans may be substituted for service planning formats developed by
county agencies.
(b) In developing the coordinated
service and support plan, the case manager is encouraged to include the use of
volunteers, religious organizations, social clubs, and civic and service
organizations to support the individual in the community. The lead agency must be held harmless for
damages or injuries sustained through the use of volunteers and agencies under
this paragraph, including workers' compensation liability.
Sec. 26. Minnesota Statutes 2010, section 256B.092, subdivision 1e, is amended to read:
Subd. 1e. Coordination,
evaluation, and monitoring of services. (a)
If the individual service coordinated service and support plan
identifies the need for individual program plans for authorized services, the
case manager shall assure that individual program plans are developed by the
providers according to clauses (2) to (5).
The providers shall assure that the individual program plans:
(1) are developed according to the respective state and federal licensing and certification requirements;
(2) are designed to achieve the goals of
the individual service coordinated service and support plan;
(3) are consistent with other aspects of
the individual service coordinated service and support plan;
(4) assure the health and safety of the person; and
(5) are developed with consistent and coordinated approaches to services among the various service providers.
(b) The case manager shall monitor the provision of services:
(1) to assure that the individual
service coordinated service and support plan is being followed according
to paragraph (a);
(2) to identify any changes or
modifications that might be needed in the individual service coordinated
service and support plan, including changes resulting from recommendations
of current service providers;
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(3) to determine if the person's legal rights are protected, and if not, notify the person's legal guardian or conservator, or the parent if the person is a minor, protection services, or licensing agencies as appropriate; and
(4) to determine if the person, the person's legal guardian or conservator, or the parent if the person is a minor, is satisfied with the services provided.
(c) If the provider fails to develop or
carry out the individual program plan according to paragraph (a), the case
manager shall notify the person's legal guardian or conservator, or the parent
if the person is a minor, the provider, the respective licensing and
certification agencies, and the county board where the services are being
provided. In addition, the case manager
shall identify other steps needed to assure the person receives the services
identified in the individual service coordinated service and support
plan.
Sec. 27. Minnesota Statutes 2010, section 256B.092, subdivision 1g, is amended to read:
Subd. 1g. Conditions
not requiring development of individual service coordinated service
and support plan. Unless
otherwise required by federal law, the county agency is not required to
complete an individual service a coordinated service and support
plan as defined in subdivision 1b for:
(1) persons whose families are requesting respite care for their family member who resides with them, or whose families are requesting a family support grant and are not requesting purchase or arrangement of habilitative services; and
(2) persons with developmental disabilities, living independently without authorized services or receiving funding for services at a rehabilitation facility as defined in section 268A.01, subdivision 6, and not in need of or requesting additional services.
Sec. 28. Minnesota Statutes 2010, section 256B.092, subdivision 2, is amended to read:
Subd. 2. Medical assistance. To assure quality case management to those persons who are eligible for medical assistance, the commissioner shall, upon request:
(1) provide consultation on the case management process;
(2) assist county agencies in the screening
and annual reviews of clients review process to assure that appropriate
levels of service are provided to persons;
(3) provide consultation on service planning and development of services with appropriate options;
(4) provide training and technical assistance to county case managers; and
(5) authorize payment for medical assistance services according to this chapter and rules implementing it.
Sec. 29. Minnesota Statutes 2010, section 256B.092, subdivision 3, is amended to read:
Subd. 3. Authorization
and termination of services. County
agency case managers, under rules of the commissioner, shall authorize and
terminate services of community and regional treatment center providers
according to individual service support plans. Services provided to persons with
developmental disabilities may only be authorized and terminated by case
managers or certified assessors according to (1) rules of the
commissioner and (2) the individual service coordinated service and
support plan as defined in subdivision 1b.
Medical assistance services not needed shall not be authorized by county
agencies or funded by the commissioner.
When purchasing or arranging for unlicensed respite care services for
persons with overriding health needs, the county agency shall seek the advice
of a health care professional in assessing provider staff training needs and
skills necessary to meet the medical needs of the person.
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Sec. 30. Minnesota Statutes 2010, section 256B.092, subdivision 5, is amended to read:
Subd. 5. Federal waivers. (a) The commissioner shall apply for any federal waivers necessary to secure, to the extent allowed by law, federal financial participation under United States Code, title 42, sections 1396 et seq., as amended, for the provision of services to persons who, in the absence of the services, would need the level of care provided in a regional treatment center or a community intermediate care facility for persons with developmental disabilities. The commissioner may seek amendments to the waivers or apply for additional waivers under United States Code, title 42, sections 1396 et seq., as amended, to contain costs. The commissioner shall ensure that payment for the cost of providing home and community-based alternative services under the federal waiver plan shall not exceed the cost of intermediate care services including day training and habilitation services that would have been provided without the waivered services.
The commissioner shall
seek an amendment to the 1915c home and community-based waiver to allow
properly licensed adult foster care homes to provide residential services to up
to five individuals with developmental disabilities. If the amendment to the waiver is approved,
adult foster care providers that can accommodate five individuals shall increase
their capacity to five beds, provided the providers continue to meet all
applicable licensing requirements.
(b) The commissioner, in administering home and
community-based waivers for persons with developmental disabilities, shall
ensure that day services for eligible persons are not provided by the person's
residential service provider, unless the person or the person's legal
representative is offered a choice of providers and agrees in writing to
provision of day services by the residential service provider. The individual service coordinated
service and support plan for individuals who choose to have their
residential service provider provide their day services must describe how
health, safety, protection, and habilitation needs will be met, including how
frequent and regular contact with persons other than the residential service
provider will occur. The individualized
service coordinated service and support plan must address the
provision of services during the day outside the residence on weekdays.
(c) When a county lead agency is evaluating
denials, reductions, or terminations of home and community-based services under
section 256B.0916 for an individual, the case manager lead agency
shall offer to meet with the individual or the individual's guardian in order
to discuss the prioritization of service needs within the individualized
service coordinated service and support plan. The reduction in the authorized services for
an individual due to changes in funding for waivered services may not exceed
the amount needed to ensure medically necessary services to meet the
individual's health, safety, and welfare.
Sec. 31. Minnesota Statutes 2010, section 256B.092, subdivision 7, is amended to read:
Subd. 7. Screening teams Assessments. (a) Assessments and reassessments
shall be conducted by certified assessors according to section 256B.0911, and
must incorporate appropriate referrals to determine eligibility for case
management under subdivision 1a.
(b) For persons with developmental disabilities, screening
teams shall be established which a certified assessor shall evaluate
the need for the an institutional level of care. provided by residential-based habilitation
services, residential services, training and habilitation services, and nursing
facility services. The evaluation
assessment shall address whether home and community-based services are appropriate
for persons who are at risk of placement in an intermediate care facility for
persons with developmental disabilities, or for whom there is reasonable
indication that they might require this level of care. The screening team certified
assessor shall make an evaluation of need within 60 working days of a
request for service by a person with a developmental disability, and within
five working days of an emergency admission of a person to an intermediate care
facility for persons with developmental disabilities. The screening team shall consist of the
case manager for persons with developmental disabilities, the person, the
person's legal guardian or conservator, or the parent if the person is a minor,
and a qualified developmental disability professional, as defined in the Code
of Federal Regulations, title 42, section 483.430, as amended through June 3,
1988. The case manager may also act as
the qualified developmental disability professional if the case manager
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meets the federal definition. County social service agencies may contract
with a public or private agency or individual who is not a service provider for
the person for the public guardianship representation required by the screening
or individual service planning process.
The contract shall be limited to public guardianship representation for
the screening and individual service planning activities. The contract shall require compliance with
the commissioner's instructions and may be for paid or voluntary services. For persons determined to have overriding
health care needs and are seeking admission to a nursing facility or an ICF/MR,
or seeking access to home and community-based waivered services, a registered
nurse must be designated as either the case manager or the qualified
developmental disability professional. For
persons under the jurisdiction of a correctional agency, the case manager must
consult with the corrections administrator regarding additional health, safety,
and supervision needs. The case manager,
with the concurrence of the person, the person's legal guardian or conservator,
or the parent if the person is a minor, may invite other individuals to attend
meetings of the screening team. No
member of the screening team shall have any direct or indirect service provider
interest in the case. Nothing in this
section shall be construed as requiring the screening team meeting to be
separate from the service planning meeting.
Sec. 32. Minnesota Statutes 2010, section 256B.092, subdivision 8, is amended to read:
Subd. 8. Screening
team Additional certified assessor duties. In addition to the responsibilities of
certified assessors described
in section 256B.0911, for persons with developmental disabilities, the screening team certified assessor
shall:
(1) review diagnostic data;
(2) review health, social, and developmental assessment
data using a uniform screening tool specified by the commissioner;
(3) identify the level of services appropriate to
maintain the person in the most normal and least restrictive setting that is
consistent with the person's treatment needs;
(4) (1) identify other noninstitutional
public assistance or social service that may prevent or delay long-term
residential placement;
(5) (2) assess whether a person is in need of
long-term residential care;
(6) (3) make recommendations regarding
placement and payment for:
(i) social service or public assistance support, or both, to maintain a person in the person's own home or other place of residence;
(ii) training and habilitation service, vocational rehabilitation, and employment training activities;
(iii) community residential service placement;
(iv) regional treatment center placement; or
(v) a home and community-based service alternative to
community residential placement service or regional treatment
center placement including self-directed service options;
(7) (4) evaluate the availability, location,
and quality of the services listed in clause (6) (3), including
the impact of placement alternatives on the person's ability to maintain or
improve existing patterns of contact and involvement with parents and other
family members;
(8) (5) identify the cost implications of
recommendations in clause (6) (3); and
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(9) (6) make recommendations to a court as
may be needed to assist the court in making decisions regarding commitment of
persons with developmental disabilities; and.
(10) inform the person and the person's legal guardian
or conservator, or the parent if the person is a minor, that appeal may be made
to the commissioner pursuant to section 256.045.
Sec. 33. Minnesota Statutes 2010, section 256B.092, subdivision 8a, is amended to read:
Subd. 8a. County concurrence notification. (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 notify
the proposed county of service and the placement shall be made cooperatively
between the two counties. Arrangements shall be made between the two counties for ongoing
social service, including annual reviews of the person's individual service
coordinated service and support plan. The county where services
are provided may not make changes in the person's
service coordinated service and support 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
shall notify the county of financial responsibility 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.
(c) The county of service shall notify the county of
financial responsibility of concurrence or refusal to concur any
concerns about the chosen provider's capacity to meet the needs of the person
seeking to move to residential services in another county no later than 20
working days following receipt of the written request notification. 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. This subdivision
also applies to home and community-based waiver services provided under section
256B.49.
Sec. 34. Minnesota Statutes 2010, section 256B.092, subdivision 9, is amended to read:
Subd. 9. Reimbursement. Payment for services shall not be
provided to a service provider for any person placed in an intermediate care facility
for persons with developmental disabilities prior to the person being
screened by the screening team receiving an assessment by a certified
assessor. The commissioner shall not
deny reimbursement for: (1) a person
admitted to an intermediate care facility for persons with developmental
disabilities who is assessed to need long-term supportive services, if
long-term supportive services other than intermediate care are not available in
that community; (2) any person admitted to an intermediate care facility for
persons with developmental disabilities under emergency circumstances; (3) any
eligible person placed in the intermediate care
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facility for persons with developmental disabilities
pending an appeal of the screening team's certified assessor's
decision; or (4) any medical assistance recipient when, after full discussion
of all appropriate alternatives including those that are expected to be less
costly than intermediate care for persons with developmental disabilities, the
person or the person's legal guardian or conservator, or the parent if the
person is a minor, insists on intermediate care placement. The screening team certified
assessor shall provide documentation that the most cost-effective
alternatives available were offered to this individual or the individual's
legal guardian or conservator.
Sec. 35. Minnesota Statutes 2010, section 256B.092, subdivision 11, is amended 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 community alternative care, community alternatives for disabled individuals, developmental disabilities, and traumatic brain injury 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
coordinated service and support plan; and
(5) the provider of residential support services must meet
the requirements of licensure and additional requirements of the person's community
coordinated service and 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. 36. Minnesota Statutes 2010, section 256B.15, subdivision 1c, is amended to read:
Subd. 1c. Notice of potential claim. (a) A state agency with a claim or potential claim under this section may file a notice of potential claim under this subdivision anytime before or within one year after a medical assistance recipient dies. The claimant shall be the state agency. A notice filed prior to the recipient's death shall not take effect and shall not be effective as notice until the recipient dies. A notice filed after a recipient dies shall be effective from the time of filing.
(b) The notice of claim shall be filed or recorded in the real estate records in the office of the county recorder or registrar of titles for each county in which any part of the property is located. The recorder shall accept the notice for recording or filing. The registrar of titles shall accept the notice for filing if the recipient has a recorded interest in the property. The registrar of titles shall not carry forward to a new certificate of title any notice filed more than one year from the date of the recipient's death.
(c) The notice must be dated, state the name of the claimant, the medical assistance recipient's name and last four digits of the Social Security number if filed before their death and their date of death if filed after they die, the name and date of death of any predeceased spouse of the medical assistance recipient for whom a claim may exist, a
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statement that the claimant may have a claim arising under this section, generally identify the recipient's interest in the property, contain a legal description for the property and whether it is abstract or registered property, a statement of when the notice becomes effective and the effect of the notice, be signed by an authorized representative of the state agency, and may include such other contents as the state agency may deem appropriate.
Sec. 37. Minnesota Statutes 2010, section 256B.15, subdivision 1f, is amended to read:
Subd. 1f. Agency lien. (a) The notice shall constitute a lien in favor of the Department of Human Services against the recipient's interests in the real estate it describes for a period of 20 years from the date of filing or the date of the recipient's death, whichever is later. Notwithstanding any law or rule to the contrary, a recipient's life estate and joint tenancy interests shall not end upon the recipient's death but shall continue according to subdivisions 1h, 1i, and 1j. The amount of the lien shall be equal to the total amount of the claims that could be presented in the recipient's estate under this section.
(b) If no estate has been opened for the deceased recipient, any holder of an interest in the property may apply to the lienholder for a statement of the amount of the lien or for a full or partial release of the lien. The application shall include the applicant's name, current mailing address, current home and work telephone numbers, and a description of their interest in the property, a legal description of the recipient's interest in the property, and the deceased recipient's name, date of birth, and last four digits of the Social Security number. The lienholder shall send the applicant by certified mail, return receipt requested, a written statement showing the amount of the lien, whether the lienholder is willing to release the lien and under what conditions, and inform them of the right to a hearing under section 256.045. The lienholder shall have the discretion to compromise and settle the lien upon any terms and conditions the lienholder deems appropriate.
(c) Any holder of an interest in property subject to the lien has a right to request a hearing under section 256.045 to determine the validity, extent, or amount of the lien. The request must be in writing, and must include the names, current addresses, and home and business telephone numbers for all other parties holding an interest in the property. A request for a hearing by any holder of an interest in the property shall be deemed to be a request for a hearing by all parties owning interests in the property. Notice of the hearing shall be given to the lienholder, the party filing the appeal, and all of the other holders of interests in the property at the addresses listed in the appeal by certified mail, return receipt requested, or by ordinary mail. Any owner of an interest in the property to whom notice of the hearing is mailed shall be deemed to have waived any and all claims or defenses in respect to the lien unless they appear and assert any claims or defenses at the hearing.
(d) If the claim the lien secures could be filed under subdivision 1h, the lienholder may collect, compromise, settle, or release the lien upon any terms and conditions it deems appropriate. If the claim the lien secures could be filed under subdivision 1i or 1j, the lien may be adjusted or enforced to the same extent had it been filed under subdivisions 1i and 1j, and the provisions of subdivisions 1i, clause (f), and 1j, clause (d), shall apply to voluntary payment, settlement, or satisfaction of the lien.
(e) If no probate proceedings have been commenced for the recipient as of the date the lien holder executes a release of the lien on a recipient's life estate or joint tenancy interest, created for purposes of this section, the release shall terminate the life estate or joint tenancy interest created under this section as of the date it is recorded or filed to the extent of the release. If the claimant executes a release for purposes of extinguishing a life estate or a joint tenancy interest created under this section to remove a cloud on title to real property, the release shall have the effect of extinguishing any life estate or joint tenancy interests in the property it describes which may have been continued by reason of this section retroactive to the date of death of the deceased life tenant or joint tenant except as provided for in section 514.981, subdivision 6.
(f) If the deceased recipient's estate is probated, a claim shall be filed under this section. The amount of the lien shall be limited to the amount of the claim as finally allowed. If the claim the lien secures is filed under subdivision 1h, the lien may be released in full after any allowance of the claim becomes final or according to any agreement to
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settle and satisfy the claim. The release shall release the lien but shall not extinguish or terminate the interest being released. If the claim the lien secures is filed under subdivision 1i or 1j, the lien shall be released after the lien under subdivision 1i or 1j is filed or recorded, or settled according to any agreement to settle and satisfy the claim. The release shall not extinguish or terminate the interest being released. If the claim is finally disallowed in full, the claimant shall release the claimant's lien at the claimant's expense.
Sec. 38. Minnesota Statutes 2010, 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 must include:
(1) assessing the needs of the individual
within 20 working days of a recipient's request;
(2) developing (1) finalizing
the written individual service coordinated service and support
plan within ten working days after the assessment is completed case
manager receives the plan from the certified assessor;
(3) (2) informing the
recipient or the recipient's legal guardian or conservator of service options;
(4) (3) assisting the
recipient in the identification of potential service providers and available
options for case management service and providers;
(5) (4) assisting the
recipient to access services and assisting with appeals under section
256.045; and
(6) (5) 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.:
(1) finalizing the coordinated service
and support plan;
(2) ongoing assessment and monitoring
of the person's needs and adequacy of the approved coordinated service and
support plan; and
(3) adjustments to the coordinated
service and support plan.
(c) Case management services must be
provided by a public or private agency that is enrolled as a medical assistance
provider determined by the commissioner to meet all of the requirements in the
approved federal waiver plans. Case
management services must not be provided to a recipient by a private agency
that has any financial interest in the provision of any other services included
in the recipient's coordinated service and support plan. For purposes of this section, "private
agency" means any agency that is not identified as a lead agency under
section 256B.0911, subdivision 1a, paragraph (e).
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Sec. 39. Minnesota Statutes 2011 Supplement, 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 as provided in section
256B.0911. 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 and reassessments shall be conducted by
certified assessors according to section 256B.0911, subdivision 2b.
(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 256B.0911, subdivision 4a, paragraph (d), at initial and subsequent assessments to initiate and maintain participation in the waiver program.
(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.
(e) (d) 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.
(f) (e) The commissioner shall develop
criteria to identify recipients whose level of functioning is reasonably
expected to improve and reassess these recipients to establish a baseline
assessment. Recipients who meet these
criteria must have a comprehensive transitional service plan developed under
subdivision 15, paragraphs (b) and (c), and be reassessed every six months
until there has been no significant change in the recipient's functioning for
at least 12 months. After there has been
no significant change in the recipient's functioning for at least 12 months,
reassessments of the recipient's strengths, informal 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. Counties, case managers, and service
providers are responsible for conducting these reassessments and shall complete
the reassessments out of existing funds.
Sec. 40. Minnesota Statutes 2011 Supplement, section 256B.49, subdivision 15, is amended to read:
Subd. 15. Individualized service Coordinated
service and support plan; comprehensive transitional service plan;
maintenance service plan. (a) Each
recipient of home and community-based waivered services shall be provided a
copy of the written coordinated service and support plan which:
meets the requirements in section 256B.092, subdivision 1b.
(1) is developed and signed by the recipient within ten
working days of the completion of the assessment;
(2) meets the assessed needs of the recipient;
(3) reasonably ensures the health and safety of the
recipient;
(4) promotes independence;
(5) allows for services to be provided in the most
integrated settings; and
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(6) provides for an informed choice, as defined in
section 256B.77, subdivision 2, paragraph (p), of service and support
providers.
(b) In developing the comprehensive transitional service plan, the individual receiving services, the case manager, and the guardian, if applicable, will identify the transitional service plan fundamental service outcome and anticipated timeline to achieve this outcome. Within the first 20 days following a recipient's request for an assessment or reassessment, the transitional service planning team must be identified. A team leader must be identified who will be responsible for assigning responsibility and communicating with team members to ensure implementation of the transition plan and ongoing assessment and communication process. The team leader should be an individual, such as the case manager or guardian, who has the opportunity to follow the recipient to the next level of service.
Within ten days following an assessment, a comprehensive transitional service plan must be developed incorporating elements of a comprehensive functional assessment and including short-term measurable outcomes and timelines for achievement of and reporting on these outcomes. Functional milestones must also be identified and reported according to the timelines agreed upon by the transitional service planning team. In addition, the comprehensive transitional service plan must identify additional supports that may assist in the achievement of the fundamental service outcome such as the development of greater natural community support, increased collaboration among agencies, and technological supports.
The timelines for reporting on functional milestones will prompt a reassessment of services provided, the units of services, rates, and appropriate service providers. It is the responsibility of the transitional service planning team leader to review functional milestone reporting to determine if the milestones are consistent with observable skills and that milestone achievement prompts any needed changes to the comprehensive transitional service plan.
For those whose fundamental transitional service outcome involves the need to procure housing, a plan for the recipient to seek the resources necessary to secure the least restrictive housing possible should be incorporated into the plan, including employment and public supports such as housing access and shelter needy funding.
(c) Counties and other
agencies responsible for funding community placement and ongoing community
supportive services are responsible for the implementation of the comprehensive
transitional service plans. Oversight
responsibilities include both ensuring effective transitional service
delivery and efficient utilization of funding resources.
(d) Following one year of transitional services, the transitional services planning team will make a determination as to whether or not the individual receiving services requires the current level of continuous and consistent support in order to maintain the recipient's current level of functioning. Recipients who are determined to have not had a significant change in functioning for 12 months must move from a transitional to a maintenance service plan. Recipients on a maintenance service plan must be reassessed to determine if the recipient would benefit from a transitional service plan at least every 12 months and at other times when there has been a significant change in the recipient's functioning. This assessment should consider any changes to technological or natural community supports.
(e) When a county is evaluating denials, reductions, or
terminations of home and community-based services under section 256B.49 for an
individual, the case manager shall offer to meet with the individual or the
individual's guardian in order to discuss the prioritization of service needs
within the individualized coordinated service and support
plan, comprehensive transitional service plan, or maintenance service
plan. The reduction in the authorized
services for an individual due to changes in funding for waivered services may
not exceed the amount needed to ensure medically necessary services to meet the
individual's health, safety, and welfare.
(f) At the time of reassessment, local agency case managers shall assess each recipient of community alternatives for disabled individuals or traumatic brain injury waivered services currently residing in a licensed adult foster home that is not the primary residence of the license holder, or in which the license holder is not the primary caregiver, to determine if that recipient could appropriately be served in a community-living setting. If appropriate for the
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recipient, the case manager shall offer the recipient, through a person-centered planning process, the option to receive alternative housing and service options. In the event that the recipient chooses to transfer from the adult foster home, the vacated bed shall not be filled with another recipient of waiver services and group residential housing, unless provided under section 245A.03, subdivision 7, paragraph (a), clauses (3) and (4), and the licensed capacity shall be reduced accordingly. If the adult foster home becomes no longer viable due to these transfers, the county agency, with the assistance of the department, shall facilitate a consolidation of settings or closure. This reassessment process shall be completed by June 30, 2012.
Sec. 41. Minnesota Statutes 2010, section 256G.02, subdivision 6, is amended to read:
Subd. 6. Excluded time. "Excluded time" means:
(a) (1) 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) (2) 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 assistance services pursuant to section
256B.0659; semi-independent living services provided under section 252.275,
and Minnesota Rules, parts 9525.0500 to 9525.0660; or day training and
habilitation programs and assisted living services; and
(c) (3) any placement for a person with an
indeterminate commitment, including independent living.
Sec. 42. RECOMMENDATIONS FOR FURTHER CASE
MANAGEMENT REDESIGN AND STUDY OF COUNTY AND TRIBAL ADMINISTRATIVE FUNCTIONS.
(a) By February 1, 2013, the commissioner of human
services shall develop a legislative report with specific recommendations and
language for proposed legislation for the following:
(1) definitions of service and consolidation of
standards and rates to the extent appropriate for all types of medical
assistance case management service services, including targeted case management
under Minnesota Statutes, sections 256B.0621, 256B.0924, and 256B.094, and all
types of home and community-based waiver case management and case management under
Minnesota Rules, parts 9525.0004 to 9525.0036.
This work must be completed in collaboration with efforts under
Minnesota Statutes, section 256B.4912;
(2) recommendations on county of financial
responsibility requirements and quality assurance measures for case management;
and
(3) identification of county administrative functions
that may remain entwined in case management service delivery models.
(b) The commissioner of human services shall evaluate
county and tribal administrative functions, processes, and reimbursement
methodologies for the purposes of administration of home and community-based
services, and compliance and oversight functions. The commissioner shall work with county,
tribal, and stakeholder representatives in the evaluation process and develop a
plan for the delegation of commissioner duties to county and tribal entities
after the elimination of county contracts under Minnesota Statutes, section
256B.4912, for waiver service provision and the creation of quality outcome
standards under Laws 2009, chapter 79, article 8, section 81,
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and residential support services under Minnesota Statutes,
sections 256B.092, subdivision 11, and 245A.11, subdivision 8. The commissioner shall present findings and
recommendations to the chairs and ranking minority members of the legislative committees with jurisdiction over health and
human services finance and policy by February 1, 2013, with any specific recommendations and language for
proposed legislation to be effective
July 1, 2013.
ARTICLE 12
CHEMICAL AND MENTAL HEALTH
Section 1. Minnesota Statutes 2010, section 245.461, is amended by adding a subdivision to read:
Subd. 6. Diagnostic
codes list. By July 1, 2013,
the commissioner of human services shall develop a list of diagnostic codes to
define the range of child and adult mental illnesses for the statewide mental
health system. The commissioner may use
the International Classification of Diseases (ICD); the American Psychiatric
Association's Diagnostic and Statistical Manual (DSM); or a combination of both
to develop the list. The commissioner
shall establish an advisory committee, comprising mental health professional
associations, counties, tribes, managed care organizations, state agencies, and
consumer organizations that shall advise the commissioner regarding development
of the diagnostic codes list. The
commissioner shall annually notify providers of changes to the list.
Sec. 2. Minnesota Statutes 2010, section 245.462, subdivision 20, is amended to read:
Subd. 20. Mental
illness. (a) "Mental
illness" means an organic disorder of the brain or a clinically significant
disorder of thought, mood, perception, orientation, memory, or behavior that is
listed in the clinical manual of the International Classification of
Diseases (ICD-9-CM), current edition, code range 290.0 to 302.99 or 306.0 to
316.0 or the corresponding code in the American Psychiatric Association's
Diagnostic and Statistical Manual of Mental Disorders (DSM-MD), current
edition, Axes I, II, or III detailed in a diagnostic codes list
published by the commissioner, and that seriously limits a person's
capacity to function in primary aspects of daily living such as personal
relations, living arrangements, work, and recreation.
(b) An "adult with acute mental illness" means an adult who has a mental illness that is serious enough to require prompt intervention.
(c) For purposes of case management and community support services, a "person with serious and persistent mental illness" means an adult who has a mental illness and meets at least one of the following criteria:
(1) the
adult has undergone two or more episodes of inpatient care for a mental illness
within the preceding 24 months;
(2) the adult has experienced a continuous psychiatric hospitalization or residential treatment exceeding six months' duration within the preceding 12 months;
(3) the adult has been treated by a crisis team two or more times within the preceding 24 months;
(4) the adult:
(i) has a diagnosis of schizophrenia, bipolar disorder, major depression, or borderline personality disorder;
(ii) indicates a significant impairment in functioning; and
(iii) has a written opinion from a mental health professional, in the last three years, stating that the adult is reasonably likely to have future episodes requiring inpatient or residential treatment, of a frequency described in clause (1) or (2), unless ongoing case management or community support services are provided;
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(5) the adult has, in the last three years, been committed by a court as a person who is mentally ill under chapter 253B, or the adult's commitment has been stayed or continued; or
(6) the adult (i) was eligible under clauses (1) to (5), but the specified time period has expired or the adult was eligible as a child under section 245.4871, subdivision 6; and (ii) has a written opinion from a mental health professional, in the last three years, stating that the adult is reasonably likely to have future episodes requiring inpatient or residential treatment, of a frequency described in clause (1) or (2), unless ongoing case management or community support services are provided.
Sec. 3. Minnesota Statutes 2010, section 245.487, is amended by adding a subdivision to read:
Subd. 7. Diagnostic
codes list. By July 1, 2013,
the commissioner of human services shall develop a list of diagnostic codes to
define the range of child and adult mental illnesses for the statewide mental
health system. The commissioner may use
the International Classification of Diseases (ICD); the American Psychiatric
Association's Diagnostic and Statistical Manual (DSM); or a combination of both
to develop the list. The commissioner
shall establish an advisory committee, comprising mental health professional
associations, counties, tribes, managed care organizations, state agencies, and
consumer organizations that shall advise the commissioner regarding development
of the diagnostic codes list. The
commissioner shall annually notify providers of changes to the list.
Sec. 4. Minnesota Statutes 2010, section 245.4871, subdivision 15, is amended to read:
Subd. 15. Emotional disturbance. "Emotional disturbance" means an organic disorder of the brain or a clinically significant disorder of thought, mood, perception, orientation, memory, or behavior that:
(1) is listed in the clinical manual of
the International Classification of Diseases (ICD-9-CM), current edition, code
range 290.0 to 302.99 or 306.0 to 316.0 or the corresponding code in the
American Psychiatric Association's Diagnostic and Statistical Manual of Mental
Disorders (DSM-MD), current edition, Axes I, II, or III detailed in a
diagnostic codes list published by the commissioner; and
(2) seriously limits a child's capacity to function in primary aspects of daily living such as personal relations, living arrangements, work, school, and recreation.
"Emotional
disturbance" is a generic term and is intended to reflect all categories
of disorder described in DSM-MD, current edition the clinical code
list published by the commissioner as "usually first evident in
childhood or adolescence."
Sec. 5. Minnesota Statutes 2010, section 245.4932, subdivision 1, is amended to read:
Subdivision 1. Collaborative responsibilities. The children's mental health collaborative shall have the following authority and responsibilities regarding federal revenue enhancement:
(1) the collaborative must establish an integrated fund;
(2) the collaborative shall designate a lead county or other qualified entity as the fiscal agency for reporting, claiming, and receiving payments;
(3) the collaborative or lead county may enter into subcontracts with other counties, school districts, special education cooperatives, municipalities, and other public and nonprofit entities for purposes of identifying and claiming eligible expenditures to enhance federal reimbursement;
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(4) the collaborative shall use any enhanced revenue attributable to the activities of the collaborative, including administrative and service revenue, solely to provide mental health services or to expand the operational target population. The lead county or other qualified entity may not use enhanced federal revenue for any other purpose;
(5) the members of the collaborative
must continue the base level of expenditures, as defined in section 245.492,
subdivision 2, for services for children with emotional or behavioral
disturbances and their families from any state, county, federal, or other
public or private funding source which, in the absence of the new federal
reimbursement earned under sections 245.491 to 245.495, would have been
available for those services. The base
year for purposes of this subdivision shall be the accounting period closest to
state fiscal year 1993;
(6) (5) the collaborative or
lead county must develop and maintain an accounting and financial management
system adequate to support all claims for federal reimbursement, including a
clear audit trail and any provisions specified in the contract with the
commissioner of human services;
(7) (6) the collaborative or
its members may elect to pay the nonfederal share of the medical assistance
costs for services designated by the collaborative; and
(8) (7) the lead county or
other qualified entity may not use federal funds or local funds designated as
matching for other federal funds to provide the nonfederal share of medical
assistance.
Sec. 6. Minnesota Statutes 2010, section 246.53, is amended by adding a subdivision to read:
Subd. 4. 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 shall not apply to any
claim against an estate made under this section to recover the cost of care.
Sec. 7. Minnesota Statutes 2011 Supplement, section 254B.04, subdivision 2a, is amended to read:
Subd. 2a. Eligibility
for treatment in residential settings. Notwithstanding
provisions of Minnesota Rules, part 9530.6622, subparts 5 and 6, related to an
assessor's discretion in making placements to residential treatment settings, a
person eligible for services under this section must score at level 4 on
assessment dimensions related to relapse, continued use, and or recovery
environment in order to be assigned to services with a room and board component
reimbursed under this section.
Sec. 8. Minnesota Statutes 2010, 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, clauses (5) and (1) to (6); or 245.4871,
subdivision 27, clauses (5) and (1) to (6), for the purpose of
this section and Minnesota Rules, parts 9505.0170 to 9505.0475.
Sec. 9. Minnesota Statutes 2010, section 256F.13, subdivision 1, is amended to read:
Subdivision 1. Federal revenue enhancement. (a) The commissioner of human services may enter into an agreement with one or more family services collaboratives to enhance federal reimbursement under title IV-E of the Social Security Act and federal administrative reimbursement under title XIX of the Social Security Act. The commissioner may contract with the Department of Education for purposes of transferring the federal reimbursement to the commissioner of education to be distributed to the collaboratives according to clause (2). The commissioner shall have the following authority and responsibilities regarding family services collaboratives:
(1) the commissioner shall submit amendments to state plans and seek waivers as necessary to implement the provisions of this section;
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(2) the commissioner shall pay the federal reimbursement earned under this subdivision to each collaborative based on their earnings. Payments to collaboratives for expenditures under this subdivision will only be made of federal earnings from services provided by the collaborative;
(3) the commissioner shall review
expenditures of family services collaboratives using reports specified in the agreement with the collaborative to ensure that
the base level of expenditures is continued and new federal reimbursement is
used to expand education, social, health, or health-related services to young
children and their families;
(4) the commissioner may reduce,
suspend, or eliminate a family services collaborative's obligations to continue
the base level of expenditures or expansion of services if the commissioner
determines that one or more of the following conditions apply:
(i) imposition of levy limits that
significantly reduce available funds for social, health, or health-related
services to families and children;
(ii) reduction in the net tax capacity
of the taxable property eligible to be taxed by the lead county or
subcontractor that significantly reduces available funds for education, social,
health, or health-related services to families and children;
(iii) reduction in the number of
children under age 19 in the county, collaborative service delivery area,
subcontractor's district, or catchment area when compared to the number in the
base year using the most recent data provided by the State Demographer's
Office; or
(iv) termination of the federal revenue
earned under the family services collaborative agreement;
(5) (4) the commissioner shall
not use the federal reimbursement earned under this subdivision in determining
the allocation or distribution of other funds to counties or collaboratives;
(6) (5) the commissioner may
suspend, reduce, or terminate the federal reimbursement to a provider that does
not meet the reporting or other requirements of this subdivision;
(7) (6) the commissioner
shall recover from the family services collaborative any federal fiscal
disallowances or sanctions for audit exceptions directly attributable to the
family services collaborative's actions in the integrated fund, or the proportional share if federal fiscal
disallowances or sanctions are based on a statewide random sample; and
(8) (7) the commissioner
shall establish criteria for the family services collaborative for the
accounting and financial management system that will support claims for federal
reimbursement.
(b) The family services collaborative shall have the following authority and responsibilities regarding federal revenue enhancement:
(1) the family services collaborative shall be the party with which the commissioner contracts. A lead county shall be designated as the fiscal agency for reporting, claiming, and receiving payments;
(2) the family services collaboratives may enter into subcontracts with other counties, school districts, special education cooperatives, municipalities, and other public and nonprofit entities for purposes of identifying and claiming eligible expenditures to enhance federal reimbursement, or to expand education, social, health, or health-related services to families and children;
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(3) the family services collaborative must
use all new federal reimbursement resulting from federal revenue enhancement to
expand expenditures for education, social, health, or health-related services
to families and children beyond the base level, except as provided in
paragraph (a), clause (4);
(4) the family services collaborative must ensure that expenditures submitted for federal reimbursement are not made from federal funds or funds used to match other federal funds. Notwithstanding section 256B.19, subdivision 1, for the purposes of family services collaborative expenditures under agreement with the department, the nonfederal share of costs shall be provided by the family services collaborative from sources other than federal funds or funds used to match other federal funds;
(5) the family services collaborative must develop and maintain an accounting and financial management system adequate to support all claims for federal reimbursement, including a clear audit trail and any provisions specified in the agreement; and
(6) the
family services collaborative shall submit an annual report to the commissioner
as specified in the agreement.
Sec. 10. TERMINOLOGY
AUDIT.
The commissioner of human services
shall collaborate with individuals with disabilities, families, advocates, and
other governmental agencies to solicit feedback and identify inappropriate and
insensitive terminology relating to individuals with disabilities, conduct a
comprehensive audit of the placement of this terminology in Minnesota Statutes
and Minnesota Rules, and make recommendations for changes to the 2013
legislature on the repeal and replacement of this terminology with more
appropriate and sensitive terminology.
ARTICLE 13
HEALTH CARE
Section 1. Minnesota Statutes 2011 Supplement, section 125A.21, subdivision 7, is amended to read:
Subd. 7. District
disclosure of information. A school
district may disclose information contained in a student's individualized
education program, consistent with section 13.32, subdivision 3, paragraph (a),
and Code of Federal Regulations, title 34, parts 99 and 300; including records
of the student's diagnosis and treatment, to a health plan company only with
the signed and dated consent of the student's parent, or other legally
authorized individual, including consent that the parent or legal
representative gave as part of the application process for MinnesotaCare or
medical assistance under section 256B.08, subdivision 1. The school district shall disclose only that
information necessary for the health plan company to decide matters of coverage
and payment. A health plan company may
use the information only for making decisions regarding coverage and payment,
and for any other use permitted by law.
Sec. 2. Minnesota Statutes 2010, section 256B.04, subdivision 14, is amended to read:
Subd. 14. Competitive bidding. (a) When determined to be effective, economical, and feasible, the commissioner may utilize volume purchase through competitive bidding and negotiation under the provisions of chapter 16C, to provide items under the medical assistance program including but not limited to the following:
(1) eyeglasses;
(2) oxygen. The commissioner shall provide for oxygen needed in an emergency situation on a short-term basis, until the vendor can obtain the necessary supply from the contract dealer;
(3) hearing aids and supplies; and
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(4) durable medical equipment, including but not limited to:
(i) hospital beds;
(ii) commodes;
(iii) glide-about chairs;
(iv) patient lift apparatus;
(v) wheelchairs and accessories;
(vi) oxygen administration equipment;
(vii) respiratory therapy equipment;
(viii) electronic diagnostic, therapeutic and life-support systems;
(5) nonemergency medical transportation level of need determinations, disbursement of public transportation passes and tokens, and volunteer and recipient mileage and parking reimbursements; and
(6) drugs.
(b) Rate changes and recipient cost-sharing under this chapter and chapters 256D and 256L do not affect contract payments under this subdivision unless specifically identified.
(c) The commissioner may not utilize volume purchase through competitive bidding and negotiation for special transportation services under the provisions of chapter 16C.
Sec. 3. Minnesota Statutes 2011 Supplement, section 256B.056, subdivision 3, is amended to read:
Subd. 3. Asset limitations for individuals and families. (a) To be eligible for medical assistance, a person must not individually own more than $3,000 in assets, or if a member of a household with two family members, husband and wife, or parent and child, the household must not own more than $6,000 in assets, plus $200 for each additional legal dependent. 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 accumulation of the clothing and personal needs allowance according to section 256B.35 must also be reduced to the maximum at the time of the eligibility redetermination. The value of assets that are not considered in determining eligibility for medical assistance is the value of those assets excluded under the supplemental security income program for aged, blind, and disabled persons, with the following exceptions:
(1) household goods and personal effects are not considered;
(2) capital and operating assets of a trade or business that the local agency determines are necessary to the person's ability to earn an income are not considered;
(3) motor vehicles are excluded to the same extent excluded by the supplemental security income program;
(4) assets designated as burial expenses
are excluded to the same extent excluded by the supplemental security income
program. Burial expenses funded by
annuity contracts or life insurance policies must irrevocably designate the
individual's estate as contingent beneficiary to the extent proceeds are not
used for payment of selected burial expenses; and
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(5) for a person who no longer qualifies
as an employed person with a disability due to loss of earnings, assets allowed
while eligible for medical assistance under section 256B.057, subdivision 9,
are not considered for 12 months, beginning with the first month of
ineligibility as an employed person with a disability, to the extent that the
person's total assets remain within the allowed limits of section 256B.057,
subdivision 9, paragraph (d).; and
(6) effective July 1, 2009, certain
assets owned by American Indians are excluded as required by section 5006 of
the American Recovery and Reinvestment Act of 2009, Public Law 111-5. For purposes of this clause, an American Indian is any person who meets the
definition of Indian according to Code of Federal Regulations, title 42,
section 447.50.
(b) No asset limit shall apply to persons eligible under section 256B.055, subdivision 15.
EFFECTIVE
DATE. This section is
effective retroactively from July 1, 2009.
Sec. 4. Minnesota Statutes 2010, 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) assets designated as burial expenses are excluded to the same extent they are excluded by the Supplemental Security Income program;
(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.; and
(8) effective July 1, 2009, certain
assets owned by American Indians are excluded, as required by section 5006 of
the American Recovery and Reinvestment Act of 2009, Public Law 111-5. For purposes of this clause, an American
Indian is any person who meets the definition of Indian according to Code of
Federal Regulations, title 42, section 447.50.
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 retroactively from July 1, 2009.
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Sec. 5. Minnesota Statutes 2011 Supplement, section 256B.057, subdivision 9, is amended to read:
Subd. 9. Employed persons with disabilities. (a) Medical assistance may be paid for a person who is employed and who:
(1) but for excess
earnings or assets, meets the definition of disabled under the Supplemental
Security Income program;
(2) is at least 16 but less than 65 years of age;
(3) meets the asset limits in paragraph (d); and
(4) pays a premium and other obligations under paragraph (e).
(b) For purposes of eligibility, there is a $65 earned income disregard. To be eligible for medical assistance under this subdivision, a person must have more than $65 of earned income. Earned income must have Medicare, Social Security, and applicable state and federal taxes withheld. The person must document earned income tax withholding. Any spousal income or assets shall be disregarded for purposes of eligibility and premium determinations.
(c) After the month of enrollment, a person enrolled in medical assistance under this subdivision who:
(1) is temporarily unable to work and without receipt of earned income due to a medical condition, as verified by a physician; or
(2) loses employment for reasons not attributable to the enrollee, and is without receipt of earned income may retain eligibility for up to four consecutive months after the month of job loss. To receive a four-month extension, enrollees must verify the medical condition or provide notification of job loss. All other eligibility requirements must be met and the enrollee must pay all calculated premium costs for continued eligibility.
(d) For purposes of determining eligibility under this subdivision, a person's assets must not exceed $20,000,
excluding:
(1) all assets excluded under section 256B.056;
(2) retirement accounts,
including individual accounts, 401(k) plans, 403(b) plans, Keogh plans, and
pension plans;
(3) medical expense accounts set up through the person's employer; and
(4) spousal assets, including spouse's share of jointly held assets.
(e) All enrollees must pay a premium to be eligible for
medical assistance under this subdivision, except as provided under section
256.01, subdivision 18b clause (5).
(1) An enrollee must pay the greater of a $65 premium or the premium calculated based on the person's gross earned and unearned income and the applicable family size using a sliding fee scale established by the commissioner, which begins at one percent of income at 100 percent of the federal poverty guidelines and increases to 7.5 percent of income for those with incomes at or above 300 percent of the federal poverty guidelines.
(2) Annual adjustments in the premium schedule based upon changes in the federal poverty guidelines shall be effective for premiums due in July of each year.
(3) All enrollees who receive unearned income must pay five
percent of unearned income in addition to the premium amount, except as
provided under section 256.01, subdivision 18b clause (5).
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(4) Increases in benefits under title II of the Social Security Act shall not be counted as income for purposes of this subdivision until July 1 of each year.
(5) Effective July 1, 2009, American Indians are exempt
from paying premiums as required by section 5006 of the American Recovery and Reinvestment Act of 2009, Public Law
111-5. For purposes of this clause, an
American Indian is any person who meets the definition of Indian according to
Code of Federal Regulations, title 42, section 447.50.
(f) A person's eligibility and premium shall be determined by the local county agency. Premiums must be paid to the commissioner. All premiums are dedicated to the commissioner.
(g) Any required premium shall be determined at application and redetermined at the enrollee's six-month income review or when a change in income or household size is reported. Enrollees must report any change in income or household size within ten days of when the change occurs. A decreased premium resulting from a reported change in income or household size shall be effective the first day of the next available billing month after the change is reported. Except for changes occurring from annual cost-of-living increases, a change resulting in an increased premium shall not affect the premium amount until the next six-month review.
(h) Premium payment is due upon notification from the commissioner of the premium amount required. Premiums may be paid in installments at the discretion of the commissioner.
(i) Nonpayment of the premium shall result in denial or termination of medical assistance unless the person demonstrates good cause for nonpayment. Good cause exists if the requirements specified in Minnesota Rules, part 9506.0040, subpart 7, items B to D, are met. Except when an installment agreement is accepted by the commissioner, all persons disenrolled for nonpayment of a premium must pay any past due premiums as well as current premiums due prior to being reenrolled. Nonpayment shall include payment with a returned, refused, or dishonored instrument. The commissioner may require a guaranteed form of payment as the only means to replace a returned, refused, or dishonored instrument.
(j) The commissioner shall notify enrollees annually beginning at least 24 months before the person's 65th birthday of the medical assistance eligibility rules affecting income, assets, and treatment of a spouse's income and assets that will be applied upon reaching age 65.
(k) For enrollees whose income does not exceed 200 percent of the federal poverty guidelines and who are also enrolled in Medicare, the commissioner shall reimburse the enrollee for Medicare part B premiums under section 256B.0625, subdivision 15, paragraph (a).
EFFECTIVE DATE. This section is effective
retroactively from July 1, 2009.
Sec. 6. Minnesota Statutes 2010, 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 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 period of ineligibility resulting from the uncompensated transfer; and
(3) cannot begin during any other period of ineligibility.
(d) If a calculation of a 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.
(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.
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Sec. 7. Minnesota Statutes 2010, 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) For the purpose of this subdivision
and subdivision 13d, an "active pharmaceutical ingredient" is defined
as a substance that is represented for use in a drug and when used in the
manufacturing, processing, or packaging of a drug, becomes an active ingredient
of the drug product. An
"excipient" is defined as an inert substance used as a diluent or
vehicle for a drug. The commissioner
shall establish a list of active pharmaceutical ingredients and excipients
which are included in the medical assistance formulary. Medical assistance covers selected active
pharmaceutical ingredients and excipients used in compounded prescriptions when
the compounded combination is specifically approved by the commissioner or when
a commercially available product:
(1) is not a therapeutic option for the
patient;
(2) does not exist in the same
combination of active ingredients in the same strengths as the compounded
prescription; and
(3) cannot be used in place of the
active pharmaceutical ingredient in the compounded prescription.
(c) (d) 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. Over-the-counter
medications must be dispensed in a quantity that is the lower of: (1) the number of dosage units contained in
the manufacturer's original package; and (2) the number of dosage units
required to complete the patient's course of therapy.
(d) (e) 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.
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Sec. 8. Minnesota Statutes 2010, section 256B.0625, subdivision 13d, is amended to read:
Subd. 13d. Drug formulary. (a) The commissioner shall establish a drug formulary. Its establishment and publication shall not be subject to the requirements of the Administrative Procedure Act, but the Formulary Committee shall review and comment on the formulary contents.
(b) The formulary shall not include:
(1) drugs, active pharmaceutical ingredients, or products for which there is no federal funding;
(2) over-the-counter drugs, except as provided in subdivision 13;
(3) drugs or active pharmaceutical ingredients used for weight loss, except that medically necessary lipase inhibitors may be covered for a recipient with type II diabetes;
(4) drugs or active pharmaceutical ingredients when used for the treatment of impotence or erectile dysfunction;
(5) drugs or active pharmaceutical ingredients for which medical value has not been established; and
(6) drugs from manufacturers who have not signed a rebate agreement with the Department of Health and Human Services pursuant to section 1927 of title XIX of the Social Security Act.
(c) If a single-source drug used by at least two percent of the fee-for-service medical assistance recipients is removed from the formulary due to the failure of the manufacturer to sign a rebate agreement with the Department of Health and Human Services, the commissioner shall notify prescribing practitioners within 30 days of receiving notification from the Centers for Medicare and Medicaid Services (CMS) that a rebate agreement was not signed.
Sec. 9. Minnesota Statutes 2011 Supplement, 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 or the maximum allowable cost 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. The actual acquisition cost of a drug shall be estimated by the commissioner at wholesale acquisition cost plus four percent for independently owned pharmacies located in a designated rural area within Minnesota, and at wholesale acquisition cost plus two percent for all other pharmacies. A pharmacy is "independently owned" if it is one of four or fewer pharmacies under the same ownership nationally. A "designated rural area" means an area defined as a small rural area or isolated rural area according to the four-category classification of the Rural Urban Commuting Area system developed for the United States Health Resources and Services Administration. Wholesale acquisition cost is defined as the manufacturer's list price for a drug or biological to wholesalers or direct purchasers in the United States, not including prompt pay or other discounts, rebates, or reductions in price, for the most recent month for which information is available, as reported in wholesale price guides or other publications of drug or biological pricing data. 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 maximum allowable cost has been set for a multisource drug, payment shall be the lower of the usual and customary price charged to the public or the maximum allowable cost established by the commissioner unless prior authorization for the brand name product has been granted according to the criteria established by the Drug Formulary Committee as required by subdivision 13f, paragraph (a), and the prescriber has indicated "dispense as written" on the prescription in a manner consistent with section 151.21, subdivision 2.
(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 106 percent of the average sales price as determined by the United States Department of Health and Human Services pursuant to title XVIII, section 1847a of the federal Social Security Act. If average sales price is unavailable, the amount of payment must be lower of the usual and customary cost submitted by the provider or the wholesale acquisition cost.
(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, antihemophilic factor products, 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.
(f) Home infusion therapy services provided by home infusion therapy pharmacies must be paid at rates according to subdivision 8d.
Sec. 10. Minnesota Statutes 2011 Supplement, 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 three or more prescriptions to treat or prevent one or more chronic medical conditions; a recipient with a drug therapy problem that is identified by the commissioner or identified by a pharmacist and approved by the commissioner; 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:
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(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;
(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 by the Board of Pharmacy of the state in which the
medication therapy management service is being performed;
(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, including long-term care settings, group homes, and facilities providing assisted living services, but excluding skilled nursing facilities; 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) If there are no pharmacists who meet the requirements of paragraph (b) practicing within a reasonable geographic distance of the patient, a pharmacist who meets the requirements may provide the services via two-way interactive video. Reimbursement shall be at the same rates and under the same conditions that would otherwise apply to the services provided. To qualify for reimbursement under this paragraph, the pharmacist providing the services must meet the requirements of paragraph (b), and must be located within an ambulatory care setting approved by the commissioner. The patient must also be located within an ambulatory care setting approved by the commissioner. Services provided under this paragraph may not be transmitted into the patient's residence.
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(e) 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. The pilot project must begin by January 1, 2010, and end June 30, 2012.
Sec. 11. Minnesota Statutes 2011 Supplement, section 256B.0625, subdivision 14, is amended to read:
Subd. 14. Diagnostic, screening, and preventive services. (a) Medical assistance covers diagnostic, screening, and preventive services.
(b) "Preventive services" include services related to pregnancy, including:
(1) services for those conditions which may complicate a pregnancy and which may be available to a pregnant woman determined to be at risk of poor pregnancy outcome;
(2) prenatal HIV risk assessment, education, counseling, and testing; and
(3) alcohol abuse assessment, education, and counseling on the effects of alcohol usage while pregnant. Preventive services available to a woman at risk of poor pregnancy outcome may differ in an amount, duration, or scope from those available to other individuals eligible for medical assistance.
(c) "Screening services" include, but are not limited to, blood lead tests.
(d) The commissioner shall encourage, at the time of the child and teen checkup or at an episodic care visit, the primary care health care provider to perform primary caries preventive services. Primary caries preventive services include, at a minimum:
(1) a general visual examination of the child's mouth without using probes or other dental equipment or taking radiographs;
(2) a
risk assessment using the factors established by the American Academies
of Pediatrics and Pediatric Dentistry; and
(3) the application of a fluoride varnish
beginning at age one to those children assessed by the provider as being high
risk in accordance with best practices as defined by the Department of Human
Services. The provider must obtain
parental or legal guardian consent before a fluoride treatment varnish
is applied to a minor child's teeth.
At each checkup, if primary caries preventive services are provided, the provider must provide to the child's parent or legal guardian: information on caries etiology and prevention; and information on the importance of finding a dental home for their child by the age of one. The provider must also advise the parent or legal guardian to contact the child's managed care plan or the Department of Human Services in order to secure a dental appointment with a dentist. The provider must indicate in the child's medical record that the parent or legal guardian was provided with this information and document any primary caries prevention services provided to the child.
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Sec. 12. Minnesota Statutes 2011 Supplement, section 256B.0631, subdivision 1, is amended to read:
Subdivision 1. Cost-sharing. (a) Except as provided in subdivision 2, the medical assistance benefit plan shall include the following cost-sharing for all recipients, effective for services provided on or after September 1, 2011:
(1) $3 per nonpreventive visit, except as provided in paragraph (b). 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, nurse midwife, advanced practice nurse, audiologist, optician, or optometrist;
(2) $3 for eyeglasses;
(3) (2) $3.50 for nonemergency visits to a
hospital-based emergency room, except that this co-payment shall be increased
to $20 upon federal approval;
(4) (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;
(5) (4) effective January 1, 2012, a family
deductible equal to the maximum amount allowed under Code of Federal
Regulations, title 42, part 447.54; and
(6) (5) for individuals identified by the
commissioner with income at or below 100 percent of the federal poverty
guidelines, total monthly cost-sharing must not exceed five percent of family
income. For purposes of this paragraph,
family income is the total earned and unearned income of the individual and the
individual's spouse, if the spouse is enrolled in medical assistance and also
subject to the five percent limit on cost-sharing.
(b) Recipients of medical assistance are responsible for all co-payments and deductibles in this subdivision.
Sec. 13. Minnesota Statutes 2011 Supplement, section 256B.0631, subdivision 2, is amended to read:
Subd. 2. Exceptions. Co-payments and deductibles shall be subject to the following exceptions:
(1) children under the age of 21;
(2) pregnant women for services that relate to the pregnancy or any other medical condition that may complicate the pregnancy;
(3) recipients expected to reside for at least 30 days in a hospital, nursing home, or intermediate care facility for the developmentally disabled;
(4) recipients receiving hospice care;
(5) 100 percent federally funded services provided by an Indian health service;
(6) emergency services;
(7) family planning services;
(8) services that are paid by Medicare, resulting in the medical
assistance program paying for the coinsurance and deductible; and
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(9) co-payments that exceed one per day per
provider for nonpreventive visits, eyeglasses, and nonemergency visits to a
hospital-based emergency room.; and
(10) services, fee-for-service payments
subject to volume purchase through competitive bidding.
Sec. 14. Minnesota Statutes 2010, section 256B.19, subdivision 1c, is amended to read:
Subd. 1c. Additional portion of nonfederal share. (a) Hennepin County shall be responsible for a monthly transfer payment of $1,500,000, due before noon on the 15th of each month and the University of Minnesota shall be responsible for a monthly transfer payment of $500,000 due before noon on the 15th of each month, beginning July 15, 1995. These sums shall be part of the designated governmental unit's portion of the nonfederal share of medical assistance costs.
(b) Beginning July 1, 2001, Hennepin County's payment under paragraph (a) shall be $2,066,000 each month.
(c) Beginning July 1, 2001, the commissioner
shall increase annual capitation payments to the metropolitan health plan
a demonstration provider serving eligible individuals in Hennepin County
under section 256B.69 for the prepaid medical assistance program by
approximately $6,800,000 to recognize higher than average medical education
costs.
(d) Effective August 1, 2005, Hennepin County's payment under paragraphs (a) and (b) shall be reduced to $566,000, and the University of Minnesota's payment under paragraph (a) shall be reduced to zero. Effective October 1, 2008, to December 31, 2010, Hennepin County's payment under paragraphs (a) and (b) shall be $434,688. Effective January 1, 2011, Hennepin County's payment under paragraphs (a) and (b) shall be $566,000.
(e) Notwithstanding paragraph (d), upon federal enactment of an extension to June 30, 2011, of the enhanced federal medical assistance percentage (FMAP) originally provided under Public Law 111-5, for the six-month period from January 1, 2011, to June 30, 2011, Hennepin County's payment under paragraphs (a) and (b) shall be $434,688.
Sec. 15. Minnesota Statutes 2010, section 256B.69, subdivision 5, is amended to read:
Subd. 5. Prospective per capita payment. The commissioner shall establish the method and amount of payments for services. The commissioner shall annually contract with demonstration providers to provide services consistent with these established methods and amounts for payment.
If allowed by the commissioner, a demonstration provider may contract with an insurer, health care provider, nonprofit health service plan corporation, or the commissioner, to provide insurance or similar protection against the cost of care provided by the demonstration provider or to provide coverage against the risks incurred by demonstration providers under this section. The recipients enrolled with a demonstration provider are a permissible group under group insurance laws and chapter 62C, the Nonprofit Health Service Plan Corporations Act. Under this type of contract, the insurer or corporation may make benefit payments to a demonstration provider for services rendered or to be rendered to a recipient. Any insurer or nonprofit health service plan corporation licensed to do business in this state is authorized to provide this insurance or similar protection.
Payments to providers participating in the project are exempt from the requirements of sections 256.966 and 256B.03, subdivision 2. The commissioner shall complete development of capitation rates for payments before delivery of services under this section is begun. For payments made during calendar year 1990 and later years, the commissioner shall contract with an independent actuary to establish prepayment rates.
By January 15, 1996, the commissioner shall report to the legislature on the methodology used to allocate to participating counties available administrative reimbursement for advocacy and enrollment costs. The report shall reflect the commissioner's judgment as to the adequacy of the funds made available and of the methodology for equitable distribution of the funds. The commissioner must involve participating counties in the development of the report.
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Beginning July 1, 2004, the commissioner
may include payments for elderly waiver services and 180 days of nursing home
care in capitation payments for the prepaid medical assistance program for
recipients age 65 and older. Payments
for elderly waiver services shall be made no earlier than the month following
the month in which services were received.
Sec. 16. Minnesota Statutes 2011 Supplement, section 256B.69, subdivision 5a, is amended to read:
Subd. 5a. Managed care contracts. (a) Managed care contracts under this section and section 256L.12 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 and 256L is responsible for complying with the terms of its contract with the commissioner. Requirements applicable to managed care programs under chapters 256B 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 payments under section 256B.692 for the prepaid medical assistance program 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. Clinical or utilization performance targets and their related criteria must consider evidence-based research and reasonable interventions when available or applicable to the population served, and must be developed with input from external clinical experts and stakeholders, including managed care plans and providers. 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.
(d) 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 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.
(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.
(f) Effective for services rendered on or after January 1, 2010, through December 31, 2010, 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.
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(g) Effective for services rendered on or
after January 1, 2011, through December 31, 2011, the commissioner shall
include as part of the performance targets described in paragraph (c) a
reduction in the health plan's emergency room utilization rate for state health
care program enrollees by a measurable rate of five percent from the plan's
utilization rate for state health care program enrollees for the previous calendar
year. Effective for services rendered on
or after January 1, 2012, the commissioner shall include as part of the
performance targets described in paragraph (c) a reduction in the health plan's
emergency department utilization rate for medical assistance and MinnesotaCare
enrollees, as determined by the commissioner.
For 2012, the reduction shall be based on the health plan's
utilization in 2009. To earn the
return of the withhold each subsequent year, the managed care plan or
county-based purchasing plan must achieve a qualifying reduction of no less
than ten percent of the plan's emergency department utilization rate for
medical assistance and MinnesotaCare enrollees, excluding Medicare
enrollees in programs described in subdivisions 23 and 28, compared to
the previous calendar measurement year, until the final
performance target is reached. When
measuring performance, the commissioner must consider the difference in health risk
in a plan's membership in the baseline year compared to the measurement year
and work with the managed care or county-based purchasing plan to account for
differences that they agree are significant.
The withheld funds must be returned no sooner
than July 1 and no later than July 31 of the following calendar year if the
managed care plan or county-based purchasing plan demonstrates to the
satisfaction of the commissioner that a reduction in the utilization rate was
achieved. The commissioner shall structure
the withhold so that the commissioner returns a portion of the withheld funds
in amounts commensurate with achieved reductions in utilization less than the
targeted amount.
The withhold described in this paragraph
shall continue for each consecutive contract period until the plan's emergency
room utilization rate for state health care program enrollees is reduced by 25
percent of the plan's emergency room utilization rate for medical assistance
and MinnesotaCare enrollees for calendar year 2011 2009. Hospitals shall cooperate with the health
plans in meeting this performance target and shall accept payment withholds
that may be returned to the hospitals if the performance target is achieved.
(h) Effective for services rendered on or
after January 1, 2012, the commissioner shall include as part of the
performance targets described in paragraph (c) a reduction in the plan's
hospitalization admission rate for medical assistance and MinnesotaCare
enrollees, as determined by the commissioner.
To earn the return of the withhold each year, the managed care plan or
county-based purchasing plan must achieve a qualifying reduction of no less
than five percent of the plan's hospital admission rate for medical assistance
and MinnesotaCare enrollees, excluding Medicare enrollees in programs
described in subdivisions 23 and 28, compared to the previous calendar year
until the final performance target is reached.
When measuring performance, the commissioner must consider the
difference in health risk in a plan's membership in the baseline year compared
to the measurement year, and work with the managed care or county-based
purchasing plan to account for differences that they agree are significant.
The withheld funds must be returned no sooner
than July 1 and no later than July 31 of the following calendar year if the
managed care plan or county-based purchasing plan demonstrates to the
satisfaction of the commissioner that this reduction in the hospitalization
rate was achieved. The commissioner
shall structure the withhold so that the commissioner returns a portion of the
withheld funds in amounts commensurate with achieved reductions in utilization
less than the targeted amount.
The
withhold described in this paragraph shall continue until there is a 25 percent
reduction in the hospital admission rate compared to the hospital admission
rates in calendar year 2011, as determined by the commissioner. The hospital admissions in this performance
target do not include the admissions applicable to the subsequent hospital
admission performance target under paragraph (i). Hospitals shall cooperate with the plans in
meeting this performance target and shall accept payment withholds that may be
returned to the hospitals if the performance target is achieved.
(i) Effective for services rendered on or after January 1, 2012, the commissioner shall include as part of the performance targets described in paragraph (c) a reduction in the plan's hospitalization admission rates for subsequent hospitalizations within 30 days of a previous hospitalization of a patient regardless of the reason, for
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medical assistance and MinnesotaCare
enrollees, as determined by the commissioner.
To earn the return of the withhold each year, the managed care plan or
county-based purchasing plan must achieve a qualifying reduction of the
subsequent hospitalization rate for medical assistance and MinnesotaCare
enrollees, excluding Medicare enrollees in programs described in
subdivisions 23 and 28, of no less than five percent compared to the
previous calendar year until the final performance target is reached.
The withheld funds must be returned no
sooner than July 1 and no later than July 31 of the following calendar year if
the managed care plan or county-based purchasing plan demonstrates to the
satisfaction of the commissioner that a qualifying reduction in the subsequent
hospitalization rate was achieved. The
commissioner shall structure the withhold so that the commissioner returns a
portion of the withheld funds in amounts commensurate with achieved reductions
in utilization less than the targeted amount.
The withhold described in this paragraph
must continue for each consecutive contract period until the plan's subsequent
hospitalization rate for medical assistance and MinnesotaCare enrollees,
excluding Medicare enrollees in programs described in subdivisions 23
and 28, is reduced by 25 percent of the plan's subsequent hospitalization
rate for calendar year 2011. Hospitals
shall cooperate with the plans in meeting this performance target and shall
accept payment withholds that must be returned to the hospitals if the
performance target is achieved.
(j) Effective for services rendered on or after January 1, 2011, through December 31, 2011, 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.
(k) 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.
(l) 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.
(m) 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 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.
(n) 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.
(o) Contracts between the commissioner and a prepaid health plan are exempt from the set-aside and preference provisions of section 16C.16, subdivisions 6, paragraph (a), and 7.
(p) The return of the withhold under paragraphs (d), (f), and (j) to (m) is not subject to the requirements of paragraph (c).
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Sec. 17. Minnesota Statutes 2011 Supplement, section 256B.69, subdivision 28, is amended to read:
Subd. 28. Medicare special needs plans; medical assistance basic health care. (a) The commissioner may contract with demonstration providers and current or former sponsors of qualified Medicare-approved special needs plans, to provide medical assistance basic health care services to persons with disabilities, including those with developmental disabilities. Basic health care services include:
(1) those services covered by the medical assistance state plan except for ICF/MR services, home and community-based waiver services, case management for persons with developmental disabilities under section 256B.0625, subdivision 20a, and personal care and certain home care services defined by the commissioner in consultation with the stakeholder group established under paragraph (d); and
(2) basic health care services may also include risk for up to 100 days of nursing facility services for persons who reside in a noninstitutional setting and home health services related to rehabilitation as defined by the commissioner after consultation with the stakeholder group.
The commissioner may exclude other medical assistance services from the basic health care benefit set. Enrollees in these plans can access any excluded services on the same basis as other medical assistance recipients who have not enrolled.
(b) Beginning January 1, 2007, the commissioner may contract with demonstration providers and current and former sponsors of qualified Medicare special needs plans, to provide basic health care services under medical assistance to persons who are dually eligible for both Medicare and Medicaid and those Social Security beneficiaries eligible for Medicaid but in the waiting period for Medicare. The commissioner shall consult with the stakeholder group under paragraph (d) in developing program specifications for these services. The commissioner shall report 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, on implementation of these programs and the need for increased funding for the ombudsman for managed care and other consumer assistance and protections needed due to enrollment in managed care of persons with disabilities. Payment for Medicaid services provided under this subdivision for the months of May and June will be made no earlier than July 1 of the same calendar year.
(c) Notwithstanding subdivision 4, beginning January 1, 2012,
the commissioner shall enroll persons with disabilities in managed care under
this section, unless the individual chooses to opt out of enrollment. The commissioner shall establish enrollment
and opt out procedures consistent with applicable enrollment procedures under
this subdivision section.
(d) The commissioner shall establish a state-level stakeholder group to provide advice on managed care programs for persons with disabilities, including both MnDHO and contracts with special needs plans that provide basic health care services as described in paragraphs (a) and (b). The stakeholder group shall provide advice on program expansions under this subdivision and subdivision 23, including:
(1) implementation efforts;
(2) consumer protections; and
(3) program specifications such as quality assurance measures, data collection and reporting, and evaluation of costs, quality, and results.
(e) Each plan under contract to provide medical assistance basic health care services shall establish a local or regional stakeholder group, including representatives of the counties covered by the plan, members, consumer advocates, and providers, for advice on issues that arise in the local or regional area.
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(f) The commissioner is prohibited from providing the names of potential enrollees to health plans for marketing purposes. The commissioner shall mail no more than two sets of marketing materials per contract year to potential enrollees on behalf of health plans, at the health plan's request. The marketing materials shall be mailed by the commissioner within 30 days of receipt of these materials from the health plan. The health plans shall cover any costs incurred by the commissioner for mailing marketing materials.
Sec. 18. Minnesota Statutes 2010, 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
individuals or families who are exempt from paying premiums under section
256L.15, subdivision 1, paragraph (d), is the first day of the month following
the month in which verification of American Indian status is received or
eligibility is approved, whichever is later.
Sec. 19. Minnesota Statutes 2011 Supplement, section 256L.12, subdivision 9, is amended to read:
Subd. 9. Rate setting; performance withholds. (a) Rates will be prospective, per capita, where possible. The commissioner may allow health plans to arrange for inpatient hospital services on a risk or nonrisk basis. The commissioner shall consult with an independent actuary to determine appropriate rates.
(b) For services rendered on or after January 1, 2004, the commissioner shall withhold five percent of managed care plan payments and county-based purchasing plan payments under this section 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. Clinical or utilization performance targets and their related criteria must consider evidence-based research and reasonable interventions, when available or applicable to the populations served, and must be developed with input from external clinical experts and stakeholders, including managed care plans and providers. 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, such as characteristics of the plan's enrollee population. The withheld funds must be returned no sooner than July 1 and no later than July 31 of the following calendar year if performance targets in the contract are achieved.
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(c) For services rendered on or after January 1, 2011, the commissioner shall withhold an additional three percent of managed care plan or county-based purchasing plan payments under this section. The withheld funds must be returned no sooner than July 1 and no later than July 31 of the following calendar year. The return of the withhold under this paragraph is not subject to the requirements of paragraph (b).
(d) Effective for services rendered on or
after January 1, 2011, through December 31, 2011, the commissioner shall
include as part of the performance targets described in paragraph (b) a
reduction in the plan's emergency room utilization rate for state health care
program enrollees by a measurable rate of five percent from the plan's
utilization rate for the previous calendar year. Effective for services rendered on or after
January 1, 2012, the commissioner shall include as part of the performance
targets described in paragraph (b) a reduction in the health plan's emergency
department utilization rate for medical assistance and MinnesotaCare enrollees,
as determined by the commissioner. For
2012, the reduction shall be based on the health plan's utilization in 2009. To earn the return of the withhold each subsequent
year, the managed care plan or county-based purchasing plan must achieve a
qualifying reduction of no less than ten percent of the plan's utilization rate
for medical assistance and MinnesotaCare enrollees, excluding Medicare
enrollees in programs described in section 256B.69, subdivisions 23 and 28,
compared to the previous calendar measurement year, until the
final performance target is reached. When
measuring performance, the commissioner must consider the difference in health
risk in a plan's membership in the baseline year compared to the measurement
year, and work with the managed care or county-based purchasing plan to account
for differences that they agree are significant.
The withheld funds must be returned no sooner
than July 1 and no later than July 31 of the following calendar year if the
managed care plan or county-based purchasing plan demonstrates to the
satisfaction of the commissioner that a reduction in the utilization rate was
achieved. The commissioner shall
structure the withhold so that the commissioner returns a portion of the
withheld funds in amounts commensurate with achieved reductions in utilization
less than the targeted amount.
The withhold described in this paragraph
shall continue for each consecutive contract period until the plan's emergency
room utilization rate for state health care program enrollees is reduced by 25
percent of the plan's emergency room utilization rate for medical assistance
and MinnesotaCare enrollees for calendar year 2011 2009. Hospitals shall cooperate with the health
plans in meeting this performance target and shall accept payment withholds
that may be returned to the hospitals if the performance target is achieved.
(e) Effective for services rendered on or
after January 1, 2012, the commissioner shall include as part of the
performance targets described in paragraph (b) a reduction in the plan's
hospitalization admission rate for medical assistance and MinnesotaCare
enrollees, as determined by the commissioner.
To earn the return of the withhold each year, the managed care plan or
county-based purchasing plan must achieve a qualifying reduction of no less
than five percent of the plan's hospital admission rate for medical assistance
and MinnesotaCare enrollees, excluding Medicare enrollees in programs described in section
256B.69, subdivisions 23 and 28, compared to the previous calendar year,
until the final performance target is reached.
When measuring performance, the commissioner must consider the
difference in health risk in a plan's membership in the baseline year compared
to the measurement year, and work with the managed care or
county-based purchasing plan to account for differences that they agree are
significant.
The withheld funds must be returned no sooner
than July 1 and no later than July 31 of the following calendar year if the
managed care plan or county-based purchasing plan demonstrates to the
satisfaction of the commissioner that this reduction in the hospitalization
rate was achieved. The commissioner
shall structure the withhold so that the commissioner returns a portion of the
withheld funds in amounts commensurate with achieved reductions in utilization
less than the targeted amount.
The withhold described in this paragraph shall continue until there is a 25 percent reduction in the hospitals admission rate compared to the hospital admission rate for calendar year 2011 as determined by the commissioner. Hospitals shall cooperate with the plans in meeting this performance target and shall accept payment withholds that may be returned to the hospitals if the performance target is achieved. The hospital admissions in this performance target do not include the admissions applicable to the subsequent hospital admission performance target under paragraph (f).
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(f) Effective for services provided on or
after January 1, 2012, the commissioner shall include as part of the
performance targets described in paragraph (b) a reduction in the plan's
hospitalization rate for a subsequent hospitalization within 30 days of a
previous hospitalization of a patient regardless of the reason, for medical
assistance and MinnesotaCare enrollees, as determined by the commissioner. To earn the return of the withhold each year,
the managed care plan or county-based purchasing plan must achieve a qualifying
reduction of the subsequent hospital admissions rate for medical assistance and
MinnesotaCare enrollees, excluding Medicare enrollees in programs
described in section 256B.69, subdivisions 23 and 28, of no less than five
percent compared to the previous calendar year until the final performance
target is reached.
The withheld funds must be returned no
sooner than July 1 and no later than July 31 of the following calendar year if
the managed care plan or county-based purchasing plan demonstrates to the
satisfaction of the commissioner that a reduction in the subsequent
hospitalization rate was achieved. The
commissioner shall structure the withhold so that the commissioner returns a
portion of the withheld funds in amounts commensurate with achieved reductions
in utilization less than the targeted amount.
The withhold described in this paragraph must continue for each consecutive contract period until the plan's subsequent hospitalization rate for medical assistance and MinnesotaCare enrollees is reduced by 25 percent of the plan's subsequent hospitalization rate for calendar year 2011. Hospitals shall cooperate with the plans in meeting this performance target and shall accept payment withholds that must be returned to the hospitals if the performance target is achieved.
(g) 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. 20. Minnesota Statutes 2011 Supplement, section 256L.15, subdivision 1, is amended to read:
Subdivision 1. Premium determination. (a) Families with children and individuals shall pay a premium determined according to subdivision 2.
(b) Pregnant women and children under age two are exempt from the provisions of section 256L.06, subdivision 3, paragraph (b), clause (3), requiring disenrollment for failure to pay premiums. For pregnant women, this exemption continues until the first day of the month following the 60th day postpartum. Women who remain enrolled during pregnancy or the postpartum period, despite nonpayment of premiums, shall be disenrolled on the first of the month following the 60th day postpartum for the penalty period that otherwise applies under section 256L.06, unless they begin paying premiums.
(c) Members of the military and their families who meet the eligibility criteria for MinnesotaCare upon eligibility approval made within 24 months following the end of the member's tour of active duty shall have their premiums paid by the commissioner. The effective date of coverage for an individual or family who meets the criteria of this paragraph shall be the first day of the month following the month in which eligibility is approved. This exemption applies for 12 months.
(d) Beginning July 1, 2009, American
Indians enrolled in MinnesotaCare and their families shall have their premiums
waived by the commissioner in accordance with section 5006 of the American
Recovery and Reinvestment Act of 2009, Public Law 111-5. An individual must document status as an
American Indian, as defined under Code of Federal Regulations, title 42,
section 447.50, to qualify for the waiver of premiums.
EFFECTIVE
DATE. This section is
effective retroactively from July 1, 2009.
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Sec. 21. Minnesota Statutes 2010, section 514.982, subdivision 1, is amended to read:
Subdivision 1. Contents. A medical assistance lien notice must be dated and must contain:
(1) the full name, last known address, and last four digits of the Social Security number of the medical assistance recipient;
(2) a statement that medical assistance payments have been made to or for the benefit of the medical assistance recipient named in the notice, specifying the first date of eligibility for benefits;
(3) a statement that all interests in real property owned by the persons named in the notice may be subject to or affected by the rights of the agency to be reimbursed for medical assistance benefits; and
(4) the
legal description of the real property upon which the lien attaches, and
whether the property is registered property.
Sec. 22. HEALTH
SERVICES ADVISORY COUNCIL.
The Health Services Advisory Council
shall review currently available literature regarding the efficacy of various
treatments for autism spectrum disorder, including an evaluation of age-based
variation in the appropriateness of existing medical and behavioral
interventions. The council shall
recommend to the commissioner of human services authorization criteria for
services based on existing evidence. The
council may recommend coverage with ongoing collection of outcomes evidence in
circumstances where evidence is currently unavailable, or where the strength of
the evidence is low. The council shall
make this recommendation by December 31, 2012.
Sec. 23. REPEALER.
Minnesota Statutes 2010, section 256.01,
subdivision 18b, is repealed.
ARTICLE 14
TECHNICAL
Section 1. Minnesota Statutes 2010, section 144A.071, subdivision 5a, is amended to read:
Subd. 5a. Cost estimate of a moratorium exception project. (a) For the purposes of this section and section 144A.073, the cost estimate of a moratorium exception project shall include the effects of the proposed project on the costs of the state subsidy for community-based services, nursing services, and housing in institutional and noninstitutional settings. The commissioner of health, in cooperation with the commissioner of human services, shall define the method for estimating these costs in the permanent rule implementing section 144A.073. The commissioner of human services shall prepare an estimate of the total state annual long-term costs of each moratorium exception proposal.
(b) The interest rate to be used for
estimating the cost of each moratorium exception project proposal shall be the
lesser of either the prime rate plus two percentage points, or the posted yield
for standard conventional fixed rate mortgages of the Federal Home Loan
Mortgage Corporation plus two percentage points as published in the Wall Street
Journal and in effect 56 days prior to the application deadline. If the applicant's proposal uses this
interest rate, the commissioner of human services, in determining the
facility's actual property-related payment rate to be established upon
completion of the project must use the actual interest rate obtained by the
facility for the project's permanent financing up to the maximum permitted
under subdivision 6 Minnesota Rules, part 9549.0060, subpart 6.
The applicant may choose an alternate interest rate for estimating the project's cost. If the applicant makes this election, the commissioner of human services, in determining the facility's actual property-related payment rate to be established upon completion of the project, must use the lesser of the actual interest rate obtained for the project's permanent financing or the interest rate which was used to estimate the proposal's project cost. For succeeding rate years, the applicant is at risk for financing costs in excess of the interest rate selected.
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Sec. 2. REVISOR'S
INSTRUCTION.
(a) In Minnesota Statutes, sections
256B.038, 256B.0911, 256B.0918, 256B.092, 256B.097, 256B.49, and 256B.765, the
revisor of statutes shall delete the word "traumatic" when it comes
before the word "brain."
(b) In Minnesota Statutes, section
256B.093, subdivision 1, clauses (4) and (5), and subdivision 3, clause (2), the
revisor of statutes shall delete the word "traumatic" when it comes
before the word "brain."
(c) In Minnesota Statutes, sections
144.0724 and 144G.05, the revisor of statutes shall delete "TBI" and
replace it with "BI."
ARTICLE 15
DATA PRACTICES
Section 1. Minnesota Statutes 2010, section 13.46, subdivision 2, is amended to read:
Subd. 2. General. (a) Unless the data is summary data or a statute specifically provides a different classification, data on individuals collected, maintained, used, or disseminated by the welfare system is private data on individuals, and shall not be disclosed except:
(1) according to section 13.05;
(2) according to court order;
(3) according to a statute specifically authorizing access to the private data;
(4) to an agent of the welfare system and
an investigator acting on behalf of a county, the state, or the federal
government, including a law enforcement person, or attorney,
or investigator acting for it in the investigation or prosecution of a
criminal or, civil, or administrative proceeding relating
to the administration of a program;
(5) to personnel of the welfare system who require the data to verify an individual's identity; determine eligibility, amount of assistance, and the need to provide services to an individual or family across programs; evaluate the effectiveness of programs; assess parental contribution amounts; and investigate suspected fraud;
(6) to administer federal funds or programs;
(7) between personnel of the welfare system working in the same program;
(8) to the Department of Revenue to assess parental contribution amounts for purposes of section 252.27, subdivision 2a, administer and evaluate tax refund or tax credit programs and to identify individuals who may benefit from these programs. The following information may be disclosed under this paragraph: an individual's and their dependent's names, dates of birth, Social Security numbers, income, addresses, and other data as required, upon request by the Department of Revenue. Disclosures by the commissioner of revenue to the commissioner of human services for the purposes described in this clause are governed by section 270B.14, subdivision 1. Tax refund or tax credit programs include, but are not limited to, the dependent care credit under section 290.067, the Minnesota working family credit under section 290.0671, the property tax refund and rental credit under section 290A.04, and the Minnesota education credit under section 290.0674;
(9) between the Department of Human Services, the Department of Employment and Economic Development, and when applicable, the Department of Education, for the following purposes:
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(i) to monitor the eligibility of the data subject for unemployment benefits, for any employment or training program administered, supervised, or certified by that agency;
(ii) to administer any rehabilitation program or child care assistance program, whether alone or in conjunction with the welfare system;
(iii) to monitor and evaluate the Minnesota family investment program or the child care assistance program by exchanging data on recipients and former recipients of food support, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance under chapter 119B, or medical programs under chapter 256B, 256D, or 256L; and
(iv) to analyze public assistance employment services and program utilization, cost, effectiveness, and outcomes as implemented under the authority established in Title II, Sections 201-204 of the Ticket to Work and Work Incentives Improvement Act of 1999. Health records governed by sections 144.291 to 144.298 and "protected health information" as defined in Code of Federal Regulations, title 45, section 160.103, and governed by Code of Federal Regulations, title 45, parts 160-164, including health care claims utilization information, must not be exchanged under this clause;
(10) to appropriate parties in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the individual or other individuals or persons;
(11) data maintained by residential programs as defined in section 245A.02 may be disclosed to the protection and advocacy system established in this state according to Part C of Public Law 98-527 to protect the legal and human rights of persons with developmental disabilities or other related conditions who live in residential facilities for these persons if the protection and advocacy system receives a complaint by or on behalf of that person and the person does not have a legal guardian or the state or a designee of the state is the legal guardian of the person;
(12) to the county medical examiner or the county coroner for identifying or locating relatives or friends of a deceased person;
(13) data on a child support obligor who makes payments to the public agency may be disclosed to the Minnesota Office of Higher Education to the extent necessary to determine eligibility under section 136A.121, subdivision 2, clause (5);
(14) participant Social Security numbers and names collected by the telephone assistance program may be disclosed to the Department of Revenue to conduct an electronic data match with the property tax refund database to determine eligibility under section 237.70, subdivision 4a;
(15) the current address of a Minnesota family investment program participant may be disclosed to law enforcement officers who provide the name of the participant and notify the agency that:
(i) the participant:
(A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after conviction, for a crime or attempt to commit a crime that is a felony under the laws of the jurisdiction from which the individual is fleeing; or
(B) is violating a condition of probation or parole imposed under state or federal law;
(ii) the location or apprehension of the felon is within the law enforcement officer's official duties; and
(iii) the request is made in writing and in the proper exercise of those duties;
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(16) the current address of a recipient of general assistance or general assistance medical care may be disclosed to probation officers and corrections agents who are supervising the recipient and to law enforcement officers who are investigating the recipient in connection with a felony level offense;
(17) information obtained from food support applicant or recipient households may be disclosed to local, state, or federal law enforcement officials, upon their written request, for the purpose of investigating an alleged violation of the Food Stamp Act, according to Code of Federal Regulations, title 7, section 272.1 (c);
(18) the address, Social Security number, and, if available, photograph of any member of a household receiving food support shall be made available, on request, to a local, state, or federal law enforcement officer if the officer furnishes the agency with the name of the member and notifies the agency that:
(i) the member:
(A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing;
(B) is violating a condition of probation or parole imposed under state or federal law; or
(C) has information that is necessary for the officer to conduct an official duty related to conduct described in subitem (A) or (B);
(ii) locating or apprehending the member is within the officer's official duties; and
(iii) the request is made in writing and in the proper exercise of the officer's official duty;
(19) the current address of a recipient of Minnesota family investment program, general assistance, general assistance medical care, or food support may be disclosed to law enforcement officers who, in writing, provide the name of the recipient and notify the agency that the recipient is a person required to register under section 243.166, but is not residing at the address at which the recipient is registered under section 243.166;
(20) certain information regarding child support obligors who are in arrears may be made public according to section 518A.74;
(21) data on child support payments made by a child support obligor and data on the distribution of those payments excluding identifying information on obligees may be disclosed to all obligees to whom the obligor owes support, and data on the enforcement actions undertaken by the public authority, the status of those actions, and data on the income of the obligor or obligee may be disclosed to the other party;
(22) data in the work reporting system may be disclosed under section 256.998, subdivision 7;
(23) to the Department of Education for the purpose of matching Department of Education student data with public assistance data to determine students eligible for free and reduced-price meals, meal supplements, and free milk according to United States Code, title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to allocate federal and state funds that are distributed based on income of the student's family; and to verify receipt of energy assistance for the telephone assistance plan;
(24) the current address and telephone number of program recipients and emergency contacts may be released to the commissioner of health or a local board of health as defined in section 145A.02, subdivision 2, when the commissioner or local board of health has reason to believe that a program recipient is a disease case, carrier, suspect case, or at risk of illness, and the data are necessary to locate the person;
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(25) to other state agencies, statewide systems, and political subdivisions of this state, including the attorney general, and agencies of other states, interstate information networks, federal agencies, and other entities as required by federal regulation or law for the administration of the child support enforcement program;
(26) to
personnel of public assistance programs as defined in section 256.741, for
access to the child support system database for the purpose of administration,
including monitoring and evaluation of those public assistance programs;
(27) to monitor and evaluate the Minnesota family investment program by exchanging data between the Departments of Human Services and Education, on recipients and former recipients of food support, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance under chapter 119B, or medical programs under chapter 256B, 256D, or 256L;
(28) to evaluate child support program performance and to identify and prevent fraud in the child support program by exchanging data between the Department of Human Services, Department of Revenue under section 270B.14, subdivision 1, paragraphs (a) and (b), without regard to the limitation of use in paragraph (c), Department of Health, Department of Employment and Economic Development, and other state agencies as is reasonably necessary to perform these functions;
(29) counties operating child care assistance programs under chapter 119B may disseminate data on program participants, applicants, and providers to the commissioner of education; or
(30) child support data on the parents and the child may be disclosed to agencies administering programs under titles IV-B and IV-E of the Social Security Act, as provided by federal law. Data may be disclosed only to the extent necessary for the purpose of establishing parentage or for determining who has or may have parental rights with respect to a child, which could be related to permanency planning.
(b) Information on persons who have been treated for drug or alcohol abuse may only be disclosed according to the requirements of Code of Federal Regulations, title 42, sections 2.1 to 2.67.
(c) Data provided to law enforcement agencies under paragraph (a), clause (15), (16), (17), or (18), or paragraph (b), are investigative data and are confidential or protected nonpublic while the investigation is active. The data are private after the investigation becomes inactive under section 13.82, subdivision 5, paragraph (a) or (b).
(d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but is not subject to the access provisions of subdivision 10, paragraph (b).
For the purposes of this subdivision, a request will be deemed to be made in writing if made through a computer interface system.
Sec. 2. Minnesota Statutes 2010, section 13.46, subdivision 3, is amended to read:
Subd. 3. Investigative data. (a) Data on persons, including data on vendors of services, licensees, and applicants that is collected, maintained, used, or disseminated by the welfare system in an investigation, authorized by statute, and relating to the enforcement of rules or law is confidential data on individuals pursuant to section 13.02, subdivision 3, or protected nonpublic data not on individuals pursuant to section 13.02, subdivision 13, and shall not be disclosed except:
(1) pursuant to section 13.05;
(2) pursuant to statute or valid court order;
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(3) to a party named in a civil or criminal proceeding, administrative or judicial, for preparation of defense; or
(4) to provide notices required or permitted by statute.
The data referred to in this subdivision shall be classified as public data upon its submission to an administrative law judge or court in an administrative or judicial proceeding. Inactive welfare investigative data shall be treated as provided in section 13.39, subdivision 3.
(b) Notwithstanding any other provision in law, the commissioner of human services shall provide all active and inactive investigative data, including the name of the reporter of alleged maltreatment under section 626.556 or 626.557, to the ombudsman for mental health and developmental disabilities upon the request of the ombudsman.
(c) Notwithstanding paragraph (a) and
section 13.39, the existence and status of an investigation by the commissioner
of possible overpayments of public funds to a service provider are public data
during an investigation.
Sec. 3. Minnesota Statutes 2010, section 13.46, subdivision 4, is amended to read:
Subd. 4. Licensing data. (a) As used in this subdivision:
(1) "licensing data" means all data collected, maintained, used, or disseminated by the welfare system pertaining to persons licensed or registered or who apply for licensure or registration or who formerly were licensed or registered under the authority of the commissioner of human services;
(2) "client" means a person who is receiving services from a licensee or from an applicant for licensure; and
(3) "personal and personal financial data" means Social Security numbers, identity of and letters of reference, insurance information, reports from the Bureau of Criminal Apprehension, health examination reports, and social/home studies.
(b)(1) (i) Except as provided in paragraph (c), the following data on applicants, license holders, and former licensees are public: name, address, telephone number of licensees, date of receipt of a completed application, dates of licensure, licensed capacity, type of client preferred, variances granted, record of training and education in child care and child development, type of dwelling, name and relationship of other family members, previous license history, class of license, the existence and status of complaints, and the number of serious injuries to or deaths of individuals in the licensed program as reported to the commissioner of human services, the local social services agency, or any other county welfare agency. For purposes of this clause, a serious injury is one that is treated by a physician.
(ii) When a correction order, an
order to forfeit a fine, an order of license suspension, an order of temporary
immediate suspension, an order of license revocation, an order of license denial,
or an order of conditional license has been issued, or a complaint is resolved,
the following data on current and former licensees and applicants are
public: the substance and investigative
findings of the licensing or maltreatment complaint, licensing violation, or
substantiated maltreatment; the record of informal resolution of a licensing
violation; orders of hearing; findings of fact; conclusions of law;
specifications of the final correction order, fine, suspension, temporary
immediate suspension, revocation, denial, or conditional license contained in
the record of licensing action; whether a fine has been paid; and the status of
any appeal of these actions. If a
licensing sanction under section 245A.07, or a license denial under section
245A.05, is based on a determination that the license holder or applicant is
responsible for maltreatment or is disqualified under chapter 245C, the
identity of the license holder or applicant as the individual responsible for
maltreatment or as the disqualified individual is public data at the time of
the issuance of the licensing sanction or denial.
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(iii) When a license denial under
section 245A.05 or a sanction under section 245A.07 is based on a determination
that the license holder or applicant is responsible for maltreatment under
section 626.556 or 626.557, the identity of the applicant or license holder as
the individual responsible for maltreatment is public data at the time of the
issuance of the license denial or sanction.
(iv) When a license denial under section
245A.05 or a sanction under section 245A.07 is based on a determination that the
license holder or applicant is disqualified under chapter 245C, the identity of
the license holder or applicant as the disqualified individual and the reason
for the disqualification are public data at the time of the issuance of the
licensing sanction or denial. If the
applicant or license holder requests reconsideration of the disqualification
and the disqualification is affirmed, the reason for the disqualification and
the reason to not set aside the disqualification are public data.
(2) Notwithstanding sections 626.556, subdivision 11, and 626.557, subdivision 12b, when any person subject to disqualification under section 245C.14 in connection with a license to provide family day care for children, child care center services, foster care for children in the provider's home, or foster care or day care services for adults in the provider's home is a substantiated perpetrator of maltreatment, and the substantiated maltreatment is a reason for a licensing action, the identity of the substantiated perpetrator of maltreatment is public data. For purposes of this clause, a person is a substantiated perpetrator if the maltreatment determination has been upheld under section 256.045; 626.556, subdivision 10i; 626.557, subdivision 9d; or chapter 14, or if an individual or facility has not timely exercised appeal rights under these sections, except as provided under clause (1).
(3) For applicants who withdraw their application prior to licensure or denial of a license, the following data are public: the name of the applicant, the city and county in which the applicant was seeking licensure, the dates of the commissioner's receipt of the initial application and completed application, the type of license sought, and the date of withdrawal of the application.
(4) For applicants who are denied a license, the following data are public: the name and address of the applicant, the city and county in which the applicant was seeking licensure, the dates of the commissioner's receipt of the initial application and completed application, the type of license sought, the date of denial of the application, the nature of the basis for the denial, the record of informal resolution of a denial, orders of hearings, findings of fact, conclusions of law, specifications of the final order of denial, and the status of any appeal of the denial.
(5) The following data on persons subject to
disqualification under section 245C.14 in connection with a license to provide
family day care for children, child care center services, foster care for
children in the provider's home, or foster care or day care services for adults
in the provider's home, are public: the
nature of any disqualification set aside under section 245C.22, subdivisions 2
and 4, and the reasons for setting aside the disqualification; the nature of
any disqualification for which a variance was granted under sections 245A.04,
subdivision 9; and 245C.30, and the reasons for granting any variance under
section 245A.04, subdivision 9; and, if applicable, the disclosure that any
person subject to a background study under section 245C.03, subdivision 1, has
successfully passed a background study.
If a licensing sanction under section 245A.07, or a license denial under
section 245A.05, is based on a determination that an individual subject to
disqualification under chapter 245C is disqualified, the disqualification as a
basis for the licensing sanction or denial is public data. As specified in clause (1), item (iv),
if the disqualified individual is the license holder or applicant, the identity
of the license holder or applicant is and the reason for the
disqualification are public data; and, if the license holder or
applicant requested reconsideration of the disqualification and the
disqualification is affirmed, the reason for the disqualification and the
reason to not set aside the disqualification are public data. If the disqualified individual is an
individual other than the license holder or applicant, the identity of the
disqualified individual shall remain private data.
(6) When maltreatment is substantiated under section 626.556 or 626.557 and the victim and the substantiated perpetrator are affiliated with a program licensed under chapter 245A, the commissioner of human services, local social services agency, or county welfare agency may inform the license holder where the maltreatment occurred of the identity of the substantiated perpetrator and the victim.
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(7) Notwithstanding clause (1), for child foster care, only the name of the license holder and the status of the license are public if the county attorney has requested that data otherwise classified as public data under clause (1) be considered private data based on the best interests of a child in placement in a licensed program.
(c) The following are private data on individuals under section 13.02, subdivision 12, or nonpublic data under section 13.02, subdivision 9: personal and personal financial data on family day care program and family foster care program applicants and licensees and their family members who provide services under the license.
(d) The
following are private data on individuals:
the identity of persons who have made reports concerning licensees or
applicants that appear in inactive investigative data, and the records of
clients or employees of the licensee or applicant for licensure whose records
are received by the licensing agency for purposes of review or in anticipation
of a contested matter. The names of
reporters of complaints or alleged
violations of licensing standards under chapters 245A, 245B, 245C, and
applicable rules and alleged maltreatment under sections 626.556 and 626.557,
are confidential data and may be disclosed only as provided in section
626.556, subdivision 11, or 626.557, subdivision 12b.
(e) Data classified as private, confidential, nonpublic, or protected nonpublic under this subdivision become public data if submitted to a court or administrative law judge as part of a disciplinary proceeding in which there is a public hearing concerning a license which has been suspended, immediately suspended, revoked, or denied.
(f) Data generated in the course of licensing investigations that relate to an alleged violation of law are investigative data under subdivision 3.
(g) Data that are not public data collected, maintained, used, or disseminated under this subdivision that relate to or are derived from a report as defined in section 626.556, subdivision 2, or 626.5572, subdivision 18, are subject to the destruction provisions of sections 626.556, subdivision 11c, and 626.557, subdivision 12b.
(h) Upon request, not public data collected, maintained, used, or disseminated under this subdivision that relate to or are derived from a report of substantiated maltreatment as defined in section 626.556 or 626.557 may be exchanged with the Department of Health for purposes of completing background studies pursuant to section 144.057 and with the Department of Corrections for purposes of completing background studies pursuant to section 241.021.
(i) Data on individuals collected according
to licensing activities under chapters 245A and 245C, and data on
individuals collected by the commissioner of human services according to maltreatment
investigations under chapters 245A and 245C, and sections 626.556 and
626.557, may be shared with the Department of Human Rights, the
Department of Health, the Department of Corrections, the ombudsman for mental
health and developmental disabilities, and the individual's professional
regulatory board when there is reason to believe that laws or standards under
the jurisdiction of those agencies may have been violated. or the
information may otherwise be relevant to the board's regulatory
jurisdiction. Background study data on
an individual who is the subject of a background study under chapter 245C for a
licensed service for which the commissioner of human services is the license
holder may be shared with the commissioner
and the commissioner's delegate by the licensing division. Unless
otherwise specified in this chapter, the identity of a reporter of
alleged maltreatment or licensing violations may not be disclosed.
(j) In addition to the notice of determinations required under section 626.556, subdivision 10f, if the commissioner or the local social services agency has determined that an individual is a substantiated perpetrator of maltreatment of a child based on sexual abuse, as defined in section 626.556, subdivision 2, and the commissioner or local social services agency knows that the individual is a person responsible for a child's care in another facility, the commissioner or local social services agency shall notify the head of that facility of this determination. The notification must include an explanation of the individual's available appeal rights and the status of any appeal. If a notice is given under this paragraph, the government entity making the notification shall provide a copy of the notice to the individual who is the subject of the notice.
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(k) All not public data collected, maintained, used, or disseminated under this subdivision and subdivision 3 may be exchanged between the Department of Human Services, Licensing Division, and the Department of Corrections for purposes of regulating services for which the Department of Human Services and the Department of Corrections have regulatory authority.
Sec. 4. Minnesota Statutes 2010, section 13.82, subdivision 1, is amended to read:
Subdivision 1. Application. This section shall apply to agencies
which carry on a law enforcement function, including but not limited to
municipal police departments, county sheriff departments, fire departments, the
Bureau of Criminal Apprehension, the Minnesota State Patrol, the Board of Peace
Officer Standards and Training, the Department
of Commerce, and the program integrity section of, and county human
service agency client and provider fraud investigation, prevention,
and control units operated or supervised by the Department of Human Services.
ARTICLE 16
LICENSING
Section 1. Minnesota Statutes 2010, section 245A.03, is amended by adding a subdivision to read:
Subd. 2c. School-age
child care licensing moratorium. A
school-age program whose sole purpose is to provide only services to school-age
children during out-of-school times is exempt from the human services licensing
requirements in this chapter until July 1, 2014. Nothing in this section prohibits an already
licensed school-age-only program from continuing its license or a school-age
program from seeking licensure.
Sec. 2. Minnesota Statutes 2010, section 245A.04, subdivision 1, is amended to read:
Subdivision 1. Application for licensure. (a) An individual, corporation, partnership, voluntary association, other organization or controlling individual that is subject to licensure under section 245A.03 must apply for a license. The application must be made on the forms and in the manner prescribed by the commissioner. The commissioner shall provide the applicant with instruction in completing the application and provide information about the rules and requirements of other state agencies that affect the applicant. An applicant seeking licensure in Minnesota with headquarters outside of Minnesota must have a program office located within the state.
The commissioner shall act on the application within 90 working days after a complete application and any required reports have been received from other state agencies or departments, counties, municipalities, or other political subdivisions. The commissioner shall not consider an application to be complete until the commissioner receives all of the information required under section 245C.05.
When the commissioner receives an
application for initial licensure that is incomplete because the applicant
failed to submit required documents or that is substantially deficient because
the documents submitted do not meet licensing requirements, the commissioner
shall provide the applicant written notice that the application is incomplete
or substantially deficient. In the
written notice to the applicant the commissioner shall identify documents that
are missing or deficient and give the applicant 45 days to resubmit a second
application that is substantially complete.
An applicant's failure to submit a substantially complete application
after receiving notice from the commissioner is a basis for license denial
under section 245A.05.
(b) An application for licensure must specify
one or more identify all controlling individuals as and
must specify an agent who is responsible for dealing with the commissioner
of human services on all matters provided for in this chapter and on whom
service of all notices and orders must be made.
The agent must be authorized to accept service
on behalf of all of the controlling individuals of the program. Service on the agent is service on all of the
controlling individuals of the program.
It is not a defense to any action arising under this chapter that
service was not made on each controlling individual of the program. The designation of one or more controlling
individuals as agents under this paragraph does not affect the legal
responsibility of any other controlling individual under this chapter.
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(c) An
applicant or license holder must have a policy that prohibits license holders,
employees, subcontractors, and volunteers, when directly responsible for
persons served by the program, from abusing prescription medication or being in
any manner under the influence of a chemical that impairs the individual's
ability to provide services or care. The
license holder must train employees, subcontractors, and volunteers about the
program's drug and alcohol policy.
(d) An applicant and license holder must have a program grievance procedure that permits persons served by the program and their authorized representatives to bring a grievance to the highest level of authority in the program.
(e)
The applicant must be able to demonstrate competent knowledge of the applicable
requirements of this chapter and chapter 245C, and the requirements of other
licensing statutes and rules applicable to the program or services for which
the applicant is seeking to be licensed.
Effective January 1, 2013, the commissioner may require the applicant,
except for child foster care, to demonstrate competence in the applicable
licensing requirements by successfully completing a written examination. The commissioner may develop a prescribed
written examination format.
(f) When an applicant is an individual,
the individual must provide the applicant's Social Security number and a
photocopy of a Minnesota driver's license, Minnesota identification card, or
valid United States passport.
(g) When an applicant is a
nonindividual, the applicant must provide the applicant's Minnesota tax
identification number, the name, and address, and the date that the background
study was initiated by the applicant for each controlling individual, and:
(1) if the agent authorized to accept
service on behalf of all the controlling individuals resides in Minnesota, the
agent must provide a photocopy of the agent's Minnesota driver's license,
Minnesota identification card, or United States passport; or
(2) if the agent authorized to accept
service on behalf of all the controlling individuals resides outside Minnesota,
the agent must provide a photocopy of the agent's driver's license or identification
card from the state where the agent resides or a photocopy of the agent's
United States passport.
Sec. 3. Minnesota Statutes 2010, section 245A.04, subdivision 7, is amended to read:
Subd. 7. Grant of license; license extension. (a) If the commissioner determines that the program complies with all applicable rules and laws, the commissioner shall issue a license. At minimum, the license shall state:
(1) the name of the license holder;
(2) the address of the program;
(3) the effective date and expiration date of the license;
(4) the type of license;
(5) the maximum number and ages of persons that may receive services from the program; and
(6) any special conditions of licensure.
(b) The commissioner may issue an initial license for a period not to exceed two years if:
(1) the commissioner is unable to conduct the evaluation or observation required by subdivision 4, paragraph (a), clauses (3) and (4), because the program is not yet operational;
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(2)
certain records and documents are not available because persons are not yet
receiving services from the program; and
(3) the applicant complies with applicable laws and rules in all other respects.
(c) A decision by the commissioner to issue a license does not guarantee that any person or persons will be placed or cared for in the licensed program. A license shall not be transferable to another individual, corporation, partnership, voluntary association, other organization, or controlling individual or to another location.
(d) A license holder must notify the commissioner and obtain the commissioner's approval before making any changes that would alter the license information listed under paragraph (a).
(e) Except as provided in paragraphs (g) and (h), the commissioner shall not issue or reissue a license if the applicant, license holder, or controlling individual has:
(1) been disqualified and the disqualification was not set aside and no variance has been granted;
(2) has been denied a license within
the past two years;
(3) had a license revoked within the past
five years; or
(4) has an outstanding debt related
to a license fee, licensing fine, or settlement agreement for which payment is
delinquent.; or
(5) failed to submit the information
required of an applicant under section 245A.04, subdivision 1, paragraph (f) or
(g), after being requested by the commissioner.
When a license is revoked under clause (1) or (3), the license holder and controlling individual may not hold any license under chapter 245A or 245B for five years following the revocation, and other licenses held by the applicant, license holder, or controlling individual shall also be revoked.
(f) The commissioner shall not issue or reissue a license if an individual living in the household where the licensed services will be provided as specified under section 245C.03, subdivision 1, has been disqualified and the disqualification has not been set aside and no variance has been granted.
(g) Pursuant to section 245A.07, subdivision 1, paragraph (b), when a license has been suspended or revoked and the suspension or revocation is under appeal, the program may continue to operate pending a final order from the commissioner. If the license under suspension or revocation will expire before a final order is issued, a temporary provisional license may be issued provided any applicable license fee is paid before the temporary provisional license is issued.
(h) Notwithstanding paragraph (g), when a revocation is based on the disqualification of a controlling individual or license holder, and the controlling individual or license holder is ordered under section 245C.17 to be immediately removed from direct contact with persons receiving services or is ordered to be under continuous, direct supervision when providing direct contact services, the program may continue to operate only if the program complies with the order and submits documentation demonstrating compliance with the order. If the disqualified individual fails to submit a timely request for reconsideration, or if the disqualification is not set aside and no variance is granted, the order to immediately remove the individual from direct contact or to be under continuous, direct supervision remains in effect pending the outcome of a hearing and final order from the commissioner.
(i) For purposes of reimbursement for meals only, under the Child and Adult Care Food Program, Code of Federal Regulations, title 7, subtitle B, chapter II, subchapter A, part 226, relocation within the same county by a licensed family day care provider, shall be considered an extension of the license for a period of no more than 30 calendar days or until the new license is issued, whichever occurs first, provided the county agency has determined the family day care provider meets licensure requirements at the new location.
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(j) Unless otherwise specified by statute, all licenses expire at 12:01 a.m. on the day after the expiration date stated on the license. A license holder must apply for and be granted a new license to operate the program or the program must not be operated after the expiration date.
(k) The commissioner shall not issue or reissue a license if it has been determined that a tribal licensing authority has established jurisdiction to license the program or service.
Sec. 4. Minnesota Statutes 2010, section 245A.04, subdivision 11, is amended to read:
Subd. 11. Education
program; permitted ages, additional requirement. (a) The education program offered in a
residential or nonresidential program, except for child care, foster care, or
services for adults, must be approved by the commissioner of education before
the commissioner of human services may grant a license to the program. Except for foster care, the commissioner
of human services may not grant a license to a residential facility for the
placement of children before the commissioner has received documentation of
approval of the educational program from the commissioner of education
according to section 125A.515.
(b) A residential program licensed by the
commissioner of human services under Minnesota Rules, parts 2960.0010 to
2960.0710, may serve persons through the age of 19 when:
(1) the admission or continued stay is
necessary for a person to complete a secondary school program or its
equivalent, or it is necessary to facilitate a transition period after
completing the secondary school program or its equivalent for up to four months
in order for the resident to obtain other living arrangements;
(2) the facility develops policies,
procedures, and plans required under section 245A.65;
(3) the facility documents an assessment
of the 18- or 19-year-old person's risk of victimizing children residing
in the facility, and develops necessary risk reduction measures, including
sleeping arrangements, to minimize any risk of harm to children; and
(4) notwithstanding the license holder's
target population age range, whenever persons age 18 or 19 years old are
receiving residential services, the age difference among residents may not
exceed five years.
(c) (b) A child foster care
program licensed by the commissioner under Minnesota Rules, chapter 2960, may
serve persons who are over the age of 18 but under the age of 21 when the
person is:
(1) completing secondary education 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 person.
(c) In addition to the requirements in
paragraph (b), a residential program licensed by the commissioner of human
services under Minnesota Rules, parts 2960.0010 to 2960.0710, may serve persons
under the age of 21 provided the facility complies with the following
requirements:
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(1) for each person age 18 and older
served at the program, the program must assess and document the person's risk
of victimizing other residents residing in the facility, and based on the
assessment, the facility must develop and implement necessary measures to
minimize any risk of harm to other residents, including making arrangements for
appropriate sleeping arrangements; and
(2) the program must assure that the
services and living arrangements provided to all residents are suitable to the
age and functioning of the residents, including separation of services, staff
supervision, and other program operations as appropriate.
(d) Nothing in this paragraph subdivision
precludes the license holder from seeking other variances under subdivision 9.
Sec. 5. Minnesota Statutes 2010, section 245A.04, is amended by adding a subdivision to read:
Subd. 16. Program
policy; reporting a death in the program.
Unless such reporting is otherwise already required under statute
or rule, programs licensed under this chapter must have a written policy for
reporting the death of an individual served by the program to the commissioner
of human services. Within 24 hours of
receiving knowledge of the death of an individual served by the program, the
license holder shall notify the commissioner of the death. If the license holder has reason to know that
the death has been reported to the commissioner, a subsequent report is not
required.
Sec. 6. Minnesota Statutes 2010, section 245A.04, is amended by adding a subdivision to read:
Subd. 17. Child
care education plan. Child
care providers are not required to provide an education plan or curriculum that
has been approved by the Department of Education as a condition for initial or
renewed licensure under this chapter.
Sec. 7. Minnesota Statutes 2010, section 245A.05, is amended to read:
245A.05
DENIAL OF APPLICATION.
(a) The commissioner may deny a license if an applicant or controlling individual:
(1) fails to submit a substantially
complete application after receiving notice from the commissioner under section
245A.04, subdivision 1;
(1) (2) fails to comply with
applicable laws or rules;
(2) (3) knowingly withholds
relevant information from or gives false or misleading information to the
commissioner in connection with an application for a license or during an
investigation;
(3) (4) has a
disqualification that has not been set aside under section 245C.22 and no
variance has been granted;
(4) (5) has an individual
living in the household who received a background study under section 245C.03,
subdivision 1, paragraph (a), clause (2), who has a disqualification that has
not been set aside under section 245C.22, and no variance has been granted; or
(5) (6) is associated with
an individual who received a background study under section 245C.03,
subdivision 1, paragraph (a), clause (6), who may have unsupervised access to
children or vulnerable adults, and who has a disqualification that has not been
set aside under section 245C.22, and no variance has been granted.;
or
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(7) fails to comply with section 245A.04, subdivision 1,
paragraph (f) or (g).
(b) An applicant whose application has been denied by the commissioner must be given notice of the denial. Notice must be given by certified mail or personal service. The notice must state the reasons the application was denied and must inform the applicant of the right to a contested case hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The applicant may appeal the denial by notifying the commissioner in writing by certified mail or personal service. If mailed, the appeal must be postmarked and sent to the commissioner within 20 calendar days after the applicant received the notice of denial. If an appeal request is made by personal service, it must be received by the commissioner within 20 calendar days after the applicant received the notice of denial. Section 245A.08 applies to hearings held to appeal the commissioner's denial of an application.
Sec. 8. Minnesota Statutes 2010, section 245A.07, subdivision 3, is amended to read:
Subd. 3. License suspension, revocation, or
fine. (a) The commissioner may
suspend or revoke a license, or impose a fine if:
(1) a license holder fails to comply fully with
applicable laws or rules, if;
(2) a license holder, a controlling individual, or
an individual living in the household where the licensed services are provided
or is otherwise subject to a background study has a disqualification which has
not been set aside under section 245C.22, or if;
(3) a license holder knowingly withholds relevant
information from or gives false or misleading information to the commissioner
in connection with an application for a license, in connection with the
background study status of an individual, during an investigation, or regarding
compliance with applicable laws or rules.; or
(4) after July 1, 2012, and upon request by the
commissioner, a license holder fails to submit the information required of an
applicant under section 245A.04, subdivision 1, paragraph (f) or (g).
A license holder who has had a license suspended, revoked, or has been ordered to pay a fine must be given notice of the action by certified mail or personal service. If mailed, the notice must be mailed to the address shown on the application or the last known address of the license holder. The notice must state the reasons the license was suspended, revoked, or a fine was ordered.
(b) If the license was suspended or revoked, the notice must inform the license holder of the right to a contested case hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The license holder may appeal an order suspending or revoking a license. The appeal of an order suspending or revoking a license must be made in writing by certified mail or personal service. If mailed, the appeal must be postmarked and sent to the commissioner within ten calendar days after the license holder receives notice that the license has been suspended or revoked. If a request is made by personal service, it must be received by the commissioner within ten calendar days after the license holder received the order. Except as provided in subdivision 2a, paragraph (c), if a license holder submits a timely appeal of an order suspending or revoking a license, the license holder may continue to operate the program as provided in section 245A.04, subdivision 7, paragraphs (g) and (h), until the commissioner issues a final order on the suspension or revocation.
(c)(1) If the license holder was ordered to pay a fine, the notice must inform the license holder of the responsibility for payment of fines and the right to a contested case hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. The appeal of an order to pay a fine must be made in writing by certified mail or personal service. If mailed, the appeal must be postmarked and sent to the commissioner within ten calendar days after the license holder receives notice that the fine has been ordered. If a request is made by personal service, it must be received by the commissioner within ten calendar days after the license holder received the order.
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(2) The license holder shall pay the fines assessed on or before the payment date specified. If the license holder fails to fully comply with the order, the commissioner may issue a second fine or suspend the license until the license holder complies. If the license holder receives state funds, the state, county, or municipal agencies or departments responsible for administering the funds shall withhold payments and recover any payments made while the license is suspended for failure to pay a fine. A timely appeal shall stay payment of the fine until the commissioner issues a final order.
(3) A license holder shall promptly notify the commissioner of human services, in writing, when a violation specified in the order to forfeit a fine is corrected. If upon reinspection the commissioner determines that a violation has not been corrected as indicated by the order to forfeit a fine, the commissioner may issue a second fine. The commissioner shall notify the license holder by certified mail or personal service that a second fine has been assessed. The license holder may appeal the second fine as provided under this subdivision.
(4) Fines shall be assessed as follows: the license holder shall forfeit $1,000 for each determination of maltreatment of a child under section 626.556 or the maltreatment of a vulnerable adult under section 626.557 for which the license holder is determined responsible for the maltreatment under section 626.556, subdivision 10e, paragraph (i), or 626.557, subdivision 9c, paragraph (c); the license holder shall forfeit $200 for each occurrence of a violation of law or rule governing matters of health, safety, or supervision, including but not limited to the provision of adequate staff-to-child or adult ratios, and failure to comply with background study requirements under chapter 245C; and the license holder shall forfeit $100 for each occurrence of a violation of law or rule other than those subject to a $1,000 or $200 fine above. For purposes of this section, "occurrence" means each violation identified in the commissioner's fine order. Fines assessed against a license holder that holds a license to provide the residential-based habilitation services, as defined under section 245B.02, subdivision 20, and a license to provide foster care, may be assessed against both licenses for the same occurrence, but the combined amount of the fines shall not exceed the amount specified in this clause for that occurrence.
(5) When a fine has been assessed, the license holder may not avoid payment by closing, selling, or otherwise transferring the licensed program to a third party. In such an event, the license holder will be personally liable for payment. In the case of a corporation, each controlling individual is personally and jointly liable for payment.
(d) Except for background study
violations involving the failure to comply with an order to immediately remove
an individual or an order to provide continuous, direct supervision, the
commissioner shall not issue a fine under paragraph (c) relating to a
background study violation to a license holder who self-corrects a background
study violation before the commissioner discovers the violation. A license holder who has previously exercised
the provisions of this paragraph to avoid a fine for a background study
violation may not avoid a fine for a subsequent background study violation
unless at least 365 days have passed since the license holder self-corrected
the earlier background study violation.
Sec. 9. Minnesota Statutes 2010, section 245A.14, subdivision 11, is amended to read:
Subd. 11. Swimming pools; family day care and group family day care providers. (a) This subdivision governs swimming pools located at family day care or group family day care homes licensed under Minnesota Rules, chapter 9502. This subdivision does not apply to portable wading pools or whirlpools located at family day care or group family day care homes licensed under Minnesota Rules, chapter 9502. For a provider to be eligible to allow a child cared for at the family day care or group family day care home to use the swimming pool located at the home, the provider must not have had a licensing sanction under section 245A.07 or a correction order or conditional license under section 245A.06 relating to the supervision or health and safety of children during the prior 24 months, and must satisfy the following requirements:
(1) notify the county agency before initial use of the swimming pool and annually, thereafter;
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(2) obtain written consent from a child's parent or legal guardian allowing the child to use the swimming pool and renew the parent or legal guardian's written consent at least annually. The written consent must include a statement that the parent or legal guardian has received and read materials provided by the Department of Health to the Department of Human Services for distribution to all family day care or group family day care homes and the general public on the human services Internet Web site related to the risk of disease transmission as well as other health risks associated with swimming pools. The written consent must also include a statement that the Department of Health, Department of Human Services, and county agency will not monitor or inspect the provider's swimming pool to ensure compliance with the requirements in this subdivision;
(3)
enter into a written contract with a child's parent or legal guardian and renew
the written contract annually. The terms
of the written contract must specify that the provider agrees to perform all of
the requirements in this subdivision;
(4) attend and successfully complete a swimming pool operator training course once every five years. Acceptable training courses are:
(i) the National Swimming Pool Foundation Certified Pool Operator course;
(ii) the National Spa and Pool Institute Tech I and Tech II courses (both required); or
(iii) the National Recreation and Park Association Aquatic Facility Operator course;
(5) require a caregiver trained in first aid and adult and child cardiopulmonary resuscitation to supervise and be present at the swimming pool with any children in the pool;
(6) toilet all potty-trained children before they enter the swimming pool;
(7) require all children who are not potty-trained to wear swim diapers while in the swimming pool;
(8) if fecal material enters the swimming pool water, add three times the normal shock treatment to the pool water to raise the chlorine level to at least 20 parts per million, and close the pool to swimming for the 24 hours following the entrance of fecal material into the water or until the water pH and disinfectant concentration levels have returned to the standards specified in clause (10), whichever is later;
(9) prevent any person from entering the swimming pool who has an open wound or any person who has or is suspected of having a communicable disease;
(10) maintain
the swimming pool water at a pH of not less than 7.2 and not more than 8.0,
maintain the disinfectant concentration
between two and five parts per million for chlorine or between 2.3 and 4.5
parts per million for bromine, and maintain a daily record of the swimming pool's operation with pH and
disinfectant concentration readings on days when
children cared for at the family day care or group family day care home are
present;
(11) have a disinfectant feeder or feeders;
(12)
have a recirculation system that will clarify and disinfect the swimming pool
volume of water in ten hours or less;
(13) maintain the swimming pool's water clarity so that an object on the pool floor at the pool's deepest point is easily visible;
(14) have two or more suction lines in
the swimming pool comply with the provisions of the Abigail Taylor Pool
Safety Act in section 144.1222, subdivisions 1c and 1d;
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(15) have in place and enforce written safety rules and swimming pool policies;
(16) have in place at all times a safety rope that divides the shallow and deep portions of the swimming pool;
(17) satisfy any existing local ordinances regarding swimming pool installation, decks, and fencing;
(18) maintain a water temperature of not more than 104 degrees Fahrenheit and not less than 70 degrees Fahrenheit; and
(19) for lifesaving equipment, have a United States Coast Guard-approved life ring attached to a rope, an exit ladder, and a shepherd's hook available at all times to the caregiver supervising the swimming pool.
The requirements of clauses (5), (16), and (18) only apply at times when children cared for at the family day care or group family day care home are present.
(b) A violation of paragraph (a), clauses (1) to (3), is grounds for a sanction under section 245A.07 or a correction order or conditional license under section 245A.06.
(c) If a provider under this subdivision receives a licensing sanction under section 245A.07 or a correction order or a conditional license under section 245A.06 relating to the supervision or health and safety of children, the provider is prohibited from allowing a child cared for at the family day care or group family day care home to continue to use the swimming pool located at the home.
Sec. 10. Minnesota Statutes 2010, section 245A.146, subdivision 2, is amended to read:
Subd. 2. Documentation
requirement for license holders. (a)
Effective January 1, 2006, All licensed child care providers,
children's residential facilities, chemical dependency treatment programs with
children in care, and residential habilitation programs serving children with
developmental disabilities must maintain the following documentation for
every crib used by or that is accessible to any child in care:
(1) the crib's brand name; and
(2) the crib's model number.
(b) Any crib for which the license holder does not have the documentation required under paragraph (a) must not be used by or be accessible to children in care.
(c) Effective December 28, 2012, the
licensed program must maintain documentation that meets federal documentation
requirements to show that every full-size and non-full-size crib that is used
by or is accessible to any child in care is compliant with federal crib
standards under Code of Federal Regulations, title 16, part 1219, for full-size
baby cribs, or Code of Federal Regulations, title 16, part 1220, for
non-full-size baby cribs.
Sec. 11. Minnesota Statutes 2010, section 245A.146, subdivision 3, is amended to read:
Subd. 3. License holder documentation of cribs. (a) Annually, from the date printed on the license, all license holders shall check all their cribs' brand names and model numbers against the United States Consumer Product Safety Commission Web site listing of unsafe cribs.
(b) The license holder shall maintain written documentation to be reviewed on site for each crib showing that the review required in paragraph (a) has been completed, and which of the following conditions applies:
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(1) the crib was not identified as unsafe on the United States Consumer Product Safety Commission Web site;
(2) the crib was identified as unsafe on the United States Consumer Product Safety Commission Web site, but the license holder has taken the action directed by the United States Consumer Product Safety Commission to make the crib safe; or
(3) the crib was identified as unsafe on the United States Consumer Product Safety Commission Web site, and the license holder has removed the crib so that it is no longer used by or accessible to children in care.
(c) Documentation of the review completed under this subdivision shall be maintained by the license holder on site and made available to parents or guardians of children in care and the commissioner.
(d) Notwithstanding Minnesota Rules, part 9502.0425, a family child care provider that complies with this section may use a mesh-sided playpen or crib that has not been identified as unsafe on the United States Consumer Product Safety Commission Web site for the care or sleeping of infants.
Sec. 12. Minnesota Statutes 2010, section 245A.18, subdivision 1, is amended to read:
Subdivision 1. Seat
belt and child passenger restraint system use. When a child is transported, a
license holder must comply with all seat belt and child passenger restraint
system requirements under section sections 169.685 and 169.686.
Sec. 13. [245A.191]
PROVIDER ELIGIBILITY FOR PAYMENTS FROM THE CHEMICAL DEPENDENCY CONSOLIDATED
TREATMENT FUND.
(a)
When a chemical dependency treatment provider licensed under Minnesota Rules,
parts 2960.0430 to 2960.0490 or 9530.6405 to 9530.6505, agrees to meet the
applicable requirements under section 254B.05, subdivision 5, paragraphs (b),
clauses (1) to (4) and (6), (c), and (d), to be eligible for enhanced funding
from the chemical dependency consolidated treatment fund, the applicable
requirements under section 254B.05 are also licensing requirements that
may be monitored for compliance through licensing investigations and licensing
inspections.
(b) Noncompliance with the requirements
identified under paragraph (a) may result in:
(1) a correction order or a conditional license
under section 245A.06, or sanctions under section 245A.07;
(2) nonpayment of claims submitted by the
license holder for public program reimbursement;
(3) recovery of payments made for the
service;
(4) disenrollment in the public payment
program; or
(5) other administrative, civil, or
criminal penalties as provided by law.
Sec. 14. Minnesota Statutes 2010, section 245A.22, subdivision 2, is amended to read:
Subd. 2. Admission. (a) The license holder shall accept as clients in the independent living assistance program only youth ages 16 to 21 who are in out-of-home placement, leaving out-of-home placement, at risk of becoming homeless, or homeless.
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(b) Youth who have current drug or alcohol problems, a recent history of violent behaviors, or a mental health disorder or issue that is not being resolved through counseling or treatment are not eligible to receive the services described in subdivision 1.
(c) Youth who are not employed, participating in employment training, or enrolled in an academic program are not eligible to receive transitional housing or independent living assistance.
(d)
The commissioner may grant a variance under section 245A.04, subdivision 9, to
requirements in this section.
Sec. 15. Minnesota Statutes 2010, section 245A.66, subdivision 2, is amended to read:
Subd. 2. Child
care centers; risk reduction plan. (a)
Child care centers licensed under this chapter and Minnesota Rules, chapter
9503, must develop a risk reduction plan that assesses identifies
the general risks to children served by the child care center. The license holder must establish procedures
to minimize identified risks, train staff on the procedures, and annually
review the procedures.
(b) The
risk reduction plan must include an assessment of risk to children the center
serves or intends to serve and identify specific risks based on the outcome
of the assessment. The assessment of
risk must be based on the following:
(1) an assessment of the risk presented
by the vulnerability of the children served, including an evaluation of the
following factors: age, developmental
functioning, and the physical and emotional health of children the program
serves or intends to serve;
(2) an assessment of the risks
presented by the physical plant where the licensed services are provided,
including an evaluation of the following factors: the condition and design of the facility and
its outdoor space, bathrooms, storage areas, and accessibility of medications
and cleaning products that are harmful to children when children are not
supervised, doors where finger pinching may occur, and the existence of
areas that are difficult to supervise; and
(3) (2) an assessment of the
risks presented by the environment for each facility and for each site,
including an evaluation of the following factors: the type of grounds and terrain surrounding
the building and the proximity to hazards, busy roads, and publicly accessed
businesses.
(c) The risk reduction plan must include a
statement of measures that will be taken to minimize the risk of harm presented
to children for each risk identified in the assessment required under
paragraph (b) related to the physical plant and environment. At a minimum, the risk reduction plan stated
measures must address the following: include
(1) a general description of
supervision, programming, and the development and implementation of specific
policies and procedures or reference to the existing policies
and procedures developed and implemented to address that minimize
the risks identified in the assessment required under paragraph (b) related
to the general population served, the physical plant, and environment;.
(2) (d) In addition to any
program-specific risks identified in paragraph (b), the plan must include development
and implementation of specific policies and procedures or refer to existing
policies and procedures developed and implemented to that
minimize the risk of harm or injury to children, including:
(i) (1) closing children's
fingers in doors, including cabinet doors;
(ii) (2) leaving children in
the community without supervision;
(iii) (3) children leaving
the facility without supervision;
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(iv) (4) caregiver dislocation of children's
elbows;
(v) (5) burns from hot food or beverages,
whether served to children or being consumed by caregivers, and the devices
used to warm food and beverages;
(vi) (6) injuries from equipment, such as
scissors and glue guns;
(vii) (7) sunburn;
(viii) (8) feeding children foods to which they
are allergic;
(ix) (9) children falling from changing
tables; and
(x) (10) children accessing dangerous items
or chemicals or coming into contact with residue from harmful cleaning products;
and.
(3) (e) The plan shall prohibit the
accessibility of hazardous items to children.
(f) The plan must include specific policies and
procedures to ensure adequate supervision of children at all times as defined
under section 245A.02, subdivision 18, with particular emphasis on:
(1) times when children are transitioned from one area
within the facility to another;
(2) nap-time supervision, including infant crib rooms as
specified under section 245A.02, subdivision 18, which requires that when an
infant is placed in a crib to sleep, supervision occurs when a staff person is
within sight or hearing of the infant.
When supervision of a crib room is provided by sight or hearing, the
center must have a plan to address the other supervision components;
(3) child drop-off and pick-up times;
(4) supervision during outdoor play and on community
activities, including but not limited to field trips and neighborhood walks;
and
(5) supervision of children in hallways.
Sec. 16. Minnesota Statutes 2010, section 245A.66, subdivision 3, is amended to read:
Subd. 3. Orientation to risk reduction plan and
annual review of plan. (a) The
license holder shall ensure that all mandated reporters, as defined in section
626.556, subdivision 3, who are under the control of the license holder,
receive an orientation to the risk reduction plan prior to first providing
unsupervised direct contact services, as defined in section 245C.02,
subdivision 11, to children, not to exceed 14 days from the first supervised
direct contact, and annually thereafter.
The license holder must document the orientation to the risk
reduction plan in the mandated reporter's personnel records.
(b) The license holder must review the risk reduction plan annually and document the annual review. When conducting the review, the license holder must consider incidents that have occurred in the center since the last review, including:
(1) the assessment factors in the plan;
(2) the internal reviews conducted under this section, if any;
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(3) substantiated maltreatment findings, if any; and
(4) incidents that caused injury or harm to a child, if any, that occurred since the last review.
Following any change to the risk reduction plan, the license holder must inform mandated reporters, under the control of the license holder, of the changes in the risk reduction plan, and document that the mandated reporters were informed of the changes.
Sec. 17. Minnesota Statutes 2010, section 245C.03, subdivision 1, is amended to read:
Subdivision 1. Licensed programs. (a) The commissioner shall conduct a background study on:
(1) the person or persons applying for a license;
(2) an individual age 13 and over living in the household where the licensed program will be provided who is not receiving licensed services from the program;
(3) current or prospective employees or contractors of the applicant who will have direct contact with persons served by the facility, agency, or program;
(4)
volunteers or student volunteers who will have direct contact with persons
served by the program to provide program services if the contact is not under
the continuous, direct supervision by an individual listed in clause (1) or
(3);
(5) an individual age ten to 12 living in the household where the licensed services will be provided when the commissioner has reasonable cause;
(6) an
individual who, without providing direct contact services at a licensed
program, may have unsupervised access to
children or vulnerable adults receiving services from a program, when the
commissioner has reasonable cause; and
(7) all managerial officials as defined under section 245A.02, subdivision 5a.
(b) For family child foster care settings, a short-term substitute caregiver providing direct contact services for a child for less than 72 hours of continuous care is not required to receive a background study under this chapter.
Sec. 18. Minnesota Statutes 2010, 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.
(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 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
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(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 all family adult day services and for adult foster care when the adult foster care 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 section 245C.05, subdivision 1, paragraphs (a) and (b), and subdivision 5, paragraphs (a) and (b), for background studies conducted by the commissioner for all family adult day services and for adult foster care when the adult foster care license holder resides in the adult foster care 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.
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(i) A license holder must provide the commissioner notice
initiate a new background study through the commissioner's online
background study system or through a letter mailed to the commissioner
when:
(1) an individual returns to a position requiring a
background study following an absence of 45 180 or more
consecutive days; or
(2) a program that discontinued providing licensed direct
contact services for 45 180 or more consecutive days begins to
provide direct contact licensed services again.
The license holder shall maintain a copy of the notification
provided to the commissioner under this paragraph in the program's files. If the individual's disqualification was
previously set aside for the license holder's program and the new background study
results in no new information that indicates the individual may pose a risk of
harm to persons receiving services from the license holder, the previous
set-aside shall remain in effect.
(j) 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.
(k) For purposes of family child care, a substitute
caregiver must receive repeat background studies at the time of each license
renewal.
Sec. 19. Minnesota Statutes 2010, section 245C.05, subdivision 2, is amended to read:
Subd. 2. Applicant, license holder, or other
entity. The applicant, license
holder, or other entities as provided in this chapter shall provide verify
that the information collected under subdivision 1 about an individual who
is the subject of the background study is correct and must provide the
information on forms or in a format prescribed by the commissioner.
Sec. 20. Minnesota Statutes 2010, section 245C.05, is amended by adding a subdivision to read:
Subd. 2c.
Privacy notice to background
study subject. (a) For every
background study, the commissioner's notice to the background study subject
required under section 13.04, subdivision 2, that is provided through the
commissioner's electronic NETStudy system or through the commissioner's
background study forms shall include the information in paragraph (b).
(b) The background study subject shall be informed that
any previous background studies that received a set-aside will be reviewed, and
without further contact with the background study subject, the commissioner may
notify the agency that initiated the subsequent background study:
(1) that the individual
has a disqualification that has been set aside for the program or agency that
initiated the study;
(2) the reason for the disqualification; and
(3) information about the decision to set aside the
disqualification will be available to the license holder upon request without
the consent of the background study subject.
Sec. 21. Minnesota Statutes 2010, section 245C.05, subdivision 4, is amended to read:
Subd. 4. Electronic transmission. (a) 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;
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(2) background study results to the license holder;
(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.
(b) Unless the commissioner has granted
a hardship variance under paragraph (c), a license holder or an applicant must
use the electronic transmission system known as NETStudy to submit all requests
for background studies to the commissioner as required by this chapter.
(c) A license holder or applicant whose
program is located in an area in which high-speed Internet is inaccessible may
request the commissioner to grant a variance to the electronic transmission
requirement.
Sec. 22. Minnesota Statutes 2010, section 245C.05, subdivision 7, is amended to read:
Subd. 7.
Probation officer and corrections
agent. (a) A probation officer or
corrections agent shall notify the commissioner of an individual's conviction
if the individual is:
(1) has been affiliated with a program or facility regulated by the Department of Human Services or Department of Health, a facility serving children or youth licensed by the Department of Corrections, or any type of home care agency or provider of personal care assistance services within the preceding year; and
(2) has been convicted of a crime constituting a disqualification under section 245C.14.
(b) For the purpose of this subdivision, "conviction" has the meaning given it in section 609.02, subdivision 5.
(c) The commissioner, in consultation with the commissioner of corrections, shall develop forms and information necessary to implement this subdivision and shall provide the forms and information to the commissioner of corrections for distribution to local probation officers and corrections agents.
(d) The commissioner shall inform individuals subject to a background study that criminal convictions for disqualifying crimes will be reported to the commissioner by the corrections system.
(e) A probation officer, corrections agent, or corrections agency is not civilly or criminally liable for disclosing or failing to disclose the information required by this subdivision.
(f) Upon receipt of disqualifying information, the commissioner shall provide the notice required under section 245C.17, as appropriate, to agencies on record as having initiated a background study or making a request for documentation of the background study status of the individual.
(g) This subdivision does not apply to family child care programs.
Sec. 23. Minnesota Statutes 2010, section 245C.07, is amended to read:
245C.07
STUDY SUBJECT AFFILIATED WITH MULTIPLE FACILITIES.
(a) Except for child foster care and
adoption agencies, Subject to the conditions in paragraph (d), when
a license holder, applicant, or other entity owns multiple programs or services
that are licensed by the Department of Human Services, Department of Health, or
Department of Corrections, only one background study is required for an
individual who provides direct contact services in one or more of the licensed
programs or services if:
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(1) the license holder designates one individual with one address and telephone number as the person to receive sensitive background study information for the multiple licensed programs or services that depend on the same background study; and
(2) the individual designated to receive the sensitive background study information is capable of determining, upon request of the department, whether a background study subject is providing direct contact services in one or more of the license holder's programs or services and, if so, at which location or locations.
(b) When a license holder maintains background study compliance for multiple licensed programs according to paragraph (a), and one or more of the licensed programs closes, the license holder shall immediately notify the commissioner which staff must be transferred to an active license so that the background studies can be electronically paired with the license holder's active program.
(c) When a background study is being initiated by a licensed program or service or a foster care provider that is also registered under chapter 144D, a study subject affiliated with multiple licensed programs or services may attach to the background study form a cover letter indicating the additional names of the programs or services, addresses, and background study identification numbers.
When the commissioner receives a notice, the commissioner shall notify each program or service identified by the background study subject of the study results.
The background study notice the commissioner sends to the subsequent agencies shall satisfy those programs' or services' responsibilities for initiating a background study on that individual.
(d) If a background study was conducted
on an individual related to child foster care and the requirements under
paragraph (a) are met, the background study is transferable across all licensed
programs. If a background study was
conducted on an individual under a license other than child foster care and the
requirements under paragraph (a) are met, the background study is transferable
to all licensed programs except child foster care.
(e) The provisions of this section that
allow a single background study in one or more licensed programs or services do
not apply to background studies submitted by adoption agencies, supplemental
nursing services agencies, personnel agencies, educational programs,
professional services agencies, and unlicensed personal care provider
organizations.
Sec. 24. Minnesota Statutes 2010, section 245C.08, subdivision 1, is amended to read:
Subdivision 1. Background studies conducted by Department of Human Services. (a) For a background study conducted by the Department of Human Services, the commissioner shall review:
(1) information related to names of substantiated perpetrators of maltreatment of vulnerable adults that has been received by the commissioner as required under section 626.557, subdivision 9c, paragraph (j);
(2) the commissioner's records relating to the maltreatment of minors in licensed programs, and from findings of maltreatment of minors as indicated through the social service information system;
(3) information from juvenile courts as required in subdivision 4 for individuals listed in section 245C.03, subdivision 1, paragraph (a), when there is reasonable cause;
(4) information from the Bureau of Criminal Apprehension;
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(5) except as provided in clause (6), information from the national crime information system when the commissioner has reasonable cause as defined under section 245C.05, subdivision 5; and
(6) for a background study related to a child foster care application for licensure or adoptions, the commissioner shall also review:
(i) information from the child abuse and neglect registry for any state in which the background study subject has resided for the past five years; and
(ii) information from national crime information databases, when the background study subject is 18 years of age or older.
(b) Notwithstanding expungement by a court, the commissioner
may consider information obtained under paragraph (a), clauses (3) and (4),
unless the commissioner received notice of the petition for expungement and the
court order for expungement is directed specifically to the commissioner. When the commissioner has reasonable cause
to believe that the identity of a background study subject is uncertain, the
commissioner shall require the subject to provide a set of classifiable
fingerprints and may review the subject's national criminal history record
information.
Sec. 25. Minnesota Statutes 2010, section 245C.14, subdivision 2, is amended to read:
Subd. 2. Disqualification from access. (a) If an individual who is studied under
section 245C.03, subdivision 1, paragraph
(a), clauses (2), (5), and (6), is disqualified from direct contact
under subdivision 1, the commissioner shall also disqualify the individual from
access to a person receiving services from the license holder.
(b) No individual who is disqualified following a
background study under section 245C.03, subdivision 1, paragraph (a), clauses
(2), (5), and (6), or as provided elsewhere in statute who is disqualified
as a result of this section, may be allowed access to persons served by the
program unless the commissioner has provided written notice under section
245C.17 stating that:
(1) the individual may remain in direct contact during the period in which the individual may request reconsideration as provided in section 245C.21, subdivision 2;
(2) the commissioner has set aside the individual's disqualification for that licensed program or entity identified in section 245C.03 as provided in section 245C.22, subdivision 4; or
(3) the license holder has been granted a variance for the disqualified individual under section 245C.30.
Sec. 26. Minnesota Statutes 2010, section 245C.16, subdivision 1, is amended to read:
Subdivision 1. Determining immediate risk of harm. (a) If the commissioner determines that the individual studied has a disqualifying characteristic, the commissioner shall review the information immediately available and make a determination as to the subject's immediate risk of harm to persons served by the program where the individual studied will have direct contact with, or access to, people receiving services.
(b) The commissioner shall consider all relevant information available, including the following factors in determining the immediate risk of harm:
(1) the recency of the disqualifying characteristic;
(2) the recency of discharge from probation for the crimes;
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(3) the number of disqualifying characteristics;
(4) the intrusiveness or violence of the disqualifying characteristic;
(5) the vulnerability of the victim involved in the disqualifying characteristic;
(6) the similarity of the
victim to the persons served by the program where the individual studied will
have direct contact;
(7) whether the individual
has a disqualification from a previous background study that has not been set
aside; and
(8) if the individual has a disqualification which may not be set aside because it is a permanent bar under section 245C.24, subdivision 1, the commissioner may order the immediate removal of the individual from any position allowing direct contact with, or access to, persons receiving services from the program.
(c) This section does not apply when the subject of a background study is regulated by a health-related licensing board as defined in chapter 214, and the subject is determined to be responsible for substantiated maltreatment under section 626.556 or 626.557.
(d) This section does not
apply to a background study related to an initial application for a child
foster care license.
(e) This section does not apply to a background study
that is also subject to the requirements under section 256B.0659, subdivisions
11 and 13, for a personal care assistant or a qualified professional as defined
in section 256B.0659, subdivision 1.
(e) (f) If the commissioner has reason to
believe, based on arrest information or an active maltreatment investigation,
that an individual poses an imminent risk of harm to persons receiving
services, the commissioner may order that the person be continuously supervised
or immediately removed pending the conclusion of the maltreatment investigation
or criminal proceedings.
Sec. 27. Minnesota Statutes 2010, section 245C.17, subdivision 2, is amended to read:
Subd. 2. Disqualification notice sent to subject. (a) If the information in the study indicates the individual is disqualified from direct contact with, or from access to, persons served by the program, the commissioner shall disclose to the individual studied:
(1) the information causing disqualification;
(2) instructions on how to request a reconsideration of the disqualification;
(3) an explanation of any restrictions on the commissioner's discretion to set aside the disqualification under section 245C.24, when applicable to the individual;
(4) a statement that, if the individual's
disqualification is set aside under section 245C.22, the applicant, license
holder, or other entity that initiated the background study will be provided
with the reason for the individual's disqualification and an explanation that
the factors under section 245C.22, subdivision 4, which were the basis of the
decision to set aside the disqualification shall be made available to the
license holder upon request without the consent of the subject of the background
study;
(4) (5) a statement indicating that if the
individual's disqualification is set aside or the facility is granted a
variance under section 245C.30, the individual's identity and the reason for
the individual's disqualification will become public data under section
245C.22, subdivision 7, when applicable to the individual; and
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(6) a statement that when a subsequent background study
is initiated on the individual following a set-aside of the individual's
disqualification, and the commissioner makes a determination under section
245C.22, subdivision 5, paragraph (b), that the previous set-aside applies to
the subsequent background study, the applicant, license holder, or other entity
that initiated the background study will be informed in the notice under
section 245C.22, subdivision 5, paragraph (c):
(i) of the reason for the individual's disqualification;
(ii) that the individual's disqualification is set aside
for that program or agency; and
(iii) that information about the factors under section
245C.22, subdivision 4, that were the basis of the decision to set aside the
disqualification are available to the license holder upon request without the
consent of the background study subject; and
(5) (7) the commissioner's determination of the
individual's immediate risk of harm under section 245C.16.
(b) If the commissioner determines under section 245C.16 that an individual poses an imminent risk of harm to persons served by the program where the individual will have direct contact with, or access to, people receiving services, the commissioner's notice must include an explanation of the basis of this determination.
(c) If the commissioner determines under section 245C.16 that an individual studied does not pose a risk of harm that requires immediate removal, the individual shall be informed of the conditions under which the agency that initiated the background study may allow the individual to have direct contact with, or access to, people receiving services, as provided under subdivision 3.
Sec. 28. Minnesota Statutes 2010, section 245C.22, subdivision 5, is amended to read:
Subd. 5. Scope of set-aside. (a) If the commissioner sets aside
a disqualification under this section, the disqualified individual remains
disqualified, but may hold a license and have direct contact with or access to
persons receiving services. Except as
provided in paragraph (b), the commissioner's set-aside of a
disqualification is limited solely to the licensed program, applicant, or
agency specified in the set aside notice under section 245C.23, unless
otherwise specified in the notice.
For personal care provider organizations, the commissioner's set-aside
may further be limited to a specific individual who is receiving services. For new background studies required under
section 245C.04, subdivision 1, paragraph (i), if an individual's
disqualification was previously set aside for the license holder's program and
the new background study results in no new information that indicates the
individual may pose a risk of harm to persons receiving services from the
license holder, the previous set-aside shall remain in effect.
(b) If the commissioner has previously set aside an
individual's disqualification for one or more programs or agencies, and the
individual is the subject of a subsequent background study for a different program
or agency, the commissioner shall determine whether the disqualification is set
aside for the program or agency that initiated the subsequent background
study. A notice of a set-aside under
paragraph (c) shall be issued within 15 working days if all of the following
criteria are met:
(1) the subsequent background study was initiated in
connection with a program licensed or regulated under the same provisions of
law and rule for at least one program for which the individual's
disqualification was previously set aside by the commissioner;
(2) the individual is not disqualified for an offense
specified in section 245C.15, subdivision 1 or 2;
(3) the commissioner has received no new information to
indicate that the individual may pose a risk of harm to any person served by
the program; and
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(4) the previous set-aside was not
limited to a specific person receiving services.
(c) When a disqualification is set aside
under paragraph (b), the notice of background study results issued under
section 245C.17, in addition to the requirements under section 245C.17, shall
state that the disqualification is set aside for the program or agency that
initiated the subsequent background study.
The notice must inform the individual that the individual may request
reconsideration of the disqualification under section 245C.21 on the basis that
the information used to disqualify the individual is incorrect.
Sec. 29. Minnesota Statutes 2010, 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) If the commissioner does not set
aside the disqualification under section 245C.22, and the license holder was
not previously ordered to immediately remove the individual from any position
allowing direct contact with persons receiving services from the program or to
ensure that the individual is under continuous, direct supervision when
providing direct contact services, the commissioner shall order the license
holder to ensure that the individual remains under continuous, direct
supervision when providing direct contact services pending the outcome of a
hearing under sections 245C.27 and 256.045, or 245C.28 and chapter 14.
(c) (d) 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) (e) 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. 30. Minnesota Statutes 2010, section 471.709, is amended to read:
471.709
LICENSE; PERMIT.
Notwithstanding any law to the contrary, a
municipality shall not require a massage therapist to obtain a license or
permit when the therapist is working for or an employee of is hired
or employed by, and exclusively provides treatment on the premises of, a
medical professional licensed under chapter 147 or 148 or a dental
professional licensed under chapter 150A.
A massage therapist is not limited to providing treatment to patients of
the medical or dental professional.
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Sec. 31. REVISOR'S INSTRUCTION.
The revisor shall renumber Minnesota Statutes, section
245B.05, subdivision 4, as Minnesota Statutes, section 245A.04, subdivision
2a. The revisor shall make necessary
cross-reference changes to effectuate this renumbering.
ARTICLE 17
PROGRAM INTEGRITY
Section 1. Minnesota Statutes 2010, section 245A.04, subdivision 1, is amended to read:
Subdivision 1. Application for licensure. (a) An individual, corporation, partnership, voluntary association, other organization or controlling individual that is subject to licensure under section 245A.03 must apply for a license. The application must be made on the forms and in the manner prescribed by the commissioner. The commissioner shall provide the applicant with instruction in completing the application and provide information about the rules and requirements of other state agencies that affect the applicant. An applicant seeking licensure in Minnesota with headquarters outside of Minnesota must have a program office located within the state.
The commissioner shall act on the application within 90 working days after a complete application and any required reports have been received from other state agencies or departments, counties, municipalities, or other political subdivisions. The commissioner shall not consider an application to be complete until the commissioner receives all of the information required under section 245C.05.
(b) An application for licensure must specify one or more controlling individuals as an agent who is responsible for dealing with the commissioner of human services on all matters provided for in this chapter and on whom service of all notices and orders must be made. The agent must be authorized to accept service on behalf of all of the controlling individuals of the program. Service on the agent is service on all of the controlling individuals of the program. It is not a defense to any action arising under this chapter that service was not made on each controlling individual of the program. The designation of one or more controlling individuals as agents under this paragraph does not affect the legal responsibility of any other controlling individual under this chapter.
(c) An applicant or license holder must have a policy that prohibits license holders, employees, subcontractors, and volunteers, when directly responsible for persons served by the program, from abusing prescription medication or being in any manner under the influence of a chemical that impairs the individual's ability to provide services or care. The license holder must train employees, subcontractors, and volunteers about the program's drug and alcohol policy.
(d) An applicant and license holder must have a program grievance procedure that permits persons served by the program and their authorized representatives to bring a grievance to the highest level of authority in the program.
(e) At the time of application for licensure or renewal
of a license, the applicant or license holder must acknowledge on the form
provided by the commissioner if the applicant or license holder elects to
receive any public funding reimbursement from the commissioner for services
provided under the license that:
(1) the applicant's or license holder's compliance with
the provider enrollment agreement or registration requirements for receipt of
public funding may be monitored by the commissioner as part of a licensing
investigation or licensing inspection; and
(2) noncompliance with the provider enrollment agreement
or registration requirements for receipt of public funding that is identified
through a licensing investigation or licensing inspection, or noncompliance
with a licensing requirement that is a basis of enrollment for reimbursement
for a service, may result in:
(i) a correction order or a conditional license under
section 245A.06, or sanctions under section 245A.07;
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(ii) nonpayment of claims submitted by the license
holder for public program reimbursement;
(iii) recovery of payments made for the service;
(iv) disenrollment in the public payment program; or
(v) other administrative, civil, or criminal penalties
as provided by law.
Sec. 2. Minnesota Statutes 2010, section 245A.14, is amended by adding a subdivision to read:
Subd. 14.
Attendance records for
publicly funded services. (a)
A child care center licensed under this chapter and according to Minnesota
Rules, chapter 9503, must maintain documentation of actual attendance for each
child receiving care for which the license holder is reimbursed by a
governmental program. The records must
be accessible to the commissioner during the program's hours of operation, they
must be completed on the actual day of attendance, and they must include:
(1) the first and last name of the child;
(2) the time of day that the child was dropped off; and
(3) the time of day that the child was picked up.
(b) A family child care provider licensed under this
chapter and according to Minnesota Rules, chapter 9502, must maintain
documentation of actual attendance for each child receiving care for which the
license holder is reimbursed by a governmental program. The records must be accessible to the
commissioner during the program's hours of operation, they must be completed on
the actual day of attendance, and they must include:
(1) the first and last name of the child;
(2) the time of day that the child was dropped off; and
(3) the time of day that the child was picked up.
(c) An adult day services program licensed under this
chapter and according to Minnesota Rules, parts 9555.5105 to 9555.6265, must
maintain documentation of actual attendance for each adult day service
recipient for which the license holder is reimbursed by a governmental
program. The records must be accessible
to the commissioner during the program's hours of operation, they must be
completed on the actual day of attendance, and they must include:
(1) the first, middle, and last name of the recipient;
(2) the time of day that the recipient was dropped off;
and
(3) the time of day that the recipient was picked up.
(d) The commissioner shall not issue a correction for
attendance record errors that occur before August 1, 2013.
Sec. 3. [245A.167] PUBLIC FUNDS PROGRAM
INTEGRITY MONITORING.
(a) An applicant or a license holder that has enrolled
to receive public funding reimbursement for services is required to comply with
the registration or enrollment requirements as licensing standards.
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(b) Compliance with the licensing
standards established under paragraph (a) may be monitored during a licensing
investigation or inspection.
Noncompliance with these licensure standards may result in:
(i) a correction order or a conditional
license under section 245A.06, or sanctions under section 245A.07;
(ii) nonpayment of claims submitted by
the license holder for public program reimbursement according to the statute
applicable to that program;
(iii) recovery of payments made for the
service according to the statute applicable to that program;
(iv) disenrollment in the public payment
program according to the statute applicable to that program; or
(v) a referral for other administrative,
civil, or criminal penalties as provided by law.
Sec. 4. Minnesota Statutes 2011 Supplement, section 256B.04, subdivision 21, is amended to read:
Subd. 21. Provider enrollment. (a) If the commissioner or the Centers for Medicare and Medicaid Services determines that a provider is designated "high-risk," the commissioner may withhold payment from providers within that category upon initial enrollment for a 90-day period. The withholding for each provider must begin on the date of the first submission of a claim.
(b) An enrolled provider that is also
licensed by the commissioner under chapter 245A must designate an individual as
the entity's compliance officer. The
compliance officer must:
(1) develop policies and procedures to
assure adherence to medical assistance laws and regulations and to prevent
inappropriate claims submissions;
(2) train the employees of the provider
entity, and any agents or subcontractors of the provider entity including
billers, on the policies and procedures under clause (1);
(3) respond to allegations of improper
conduct related to the provision or billing of medical assistance services, and
implement action to remediate any resulting problems;
(4) use evaluation techniques to monitor
compliance with medical assistance laws and regulations;
(5) promptly report to the commissioner
any identified violations of medical assistance laws or regulations; and
(6) within 60 days of discovery by the
provider of a medical assistance reimbursement overpayment, report the
overpayment to the commissioner and make arrangements with the commissioner for
the commissioner's recovery of the overpayment.
The commissioner may require, as a condition of enrollment in medical assistance, that a provider within a particular industry sector or category establish a compliance program that contains the core elements established by the Centers for Medicare and Medicaid Services.
(c) The commissioner may revoke the
enrollment of an ordering or rendering provider for a period of not more than
one year, if the provider fails to maintain and, upon request from the
commissioner, provide access to documentation relating to written orders or
requests for payment for durable medical equipment, certifications for home
health services, or referrals for other items or services written or ordered by
such provider, when the commissioner has identified a pattern of a lack of
documentation. A pattern means a failure
to maintain documentation or provide access to documentation on more than one
occasion. Nothing in this paragraph
limits the authority of the commissioner to sanction a provider under the
provisions of section 256B.064.
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(d) The commissioner shall terminate or deny the enrollment of any individual or entity if the individual or entity has been terminated from participation in Medicare or under the Medicaid program or Children's Health Insurance Program of any other state.
(e) As
a condition of enrollment in medical assistance, the commissioner shall require
that a provider designated "moderate" or "high-risk" by the
Centers for Medicare and Medicaid Services or the Minnesota Department of Human
Services permit the Centers for Medicare and Medicaid Services, its agents, or
its designated contractors and the state agency, its agents, or its designated
contractors to conduct unannounced on-site inspections of any provider
location.
(f) As a condition of enrollment in medical assistance, the commissioner shall require that a high-risk provider, or a person with a direct or indirect ownership interest in the provider of five percent or higher, consent to criminal background checks, including fingerprinting, when required to do so under state law or by a determination by the commissioner or the Centers for Medicare and Medicaid Services that a provider is designated high-risk for fraud, waste, or abuse.
ARTICLE 18
STATEWIDE PROVIDER ENROLLMENT, PERFORMANCE STANDARDS,
AND PAYMENT METHODOLOGY DEVELOPMENT
Section 1. Minnesota Statutes 2010, section 245A.03, subdivision 2, is amended to read:
Subd. 2. Exclusion from licensure. (a) This chapter does not apply to:
(1) residential or nonresidential programs that are provided to a person by an individual who is related unless the residential program is a child foster care placement made by a local social services agency or a licensed child-placing agency, except as provided in subdivision 2a;
(2) nonresidential programs that are provided by an unrelated individual to persons from a single related family;
(3)
residential or nonresidential programs that are provided to adults who do not
abuse chemicals or who do not have a chemical dependency, a mental
illness, a developmental disability, a functional impairment, or a physical
disability;
(4) sheltered workshops or work activity programs that are certified by the commissioner of employment and economic development;
(5) programs operated by a public school for children 33 months or older;
(6) nonresidential programs primarily for children that provide care or supervision for periods of less than three hours a day while the child's parent or legal guardian is in the same building as the nonresidential program or present within another building that is directly contiguous to the building in which the nonresidential program is located;
(7)
nursing homes or hospitals licensed by the commissioner of health except as
specified under section 245A.02;
(8) board and lodge facilities licensed by the commissioner of health that do not provide children's residential services under Minnesota Rules, chapter 2960, mental health or chemical dependency treatment;
(9) homes providing programs for persons placed by a county or a licensed agency for legal adoption, unless the adoption is not completed within two years;
(10) programs licensed by the commissioner of corrections;
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(11) recreation programs for children or adults that are operated or approved by a park and recreation board whose primary purpose is to provide social and recreational activities;
(12) programs operated by a school as defined in section 120A.22, subdivision 4; YMCA as defined in section 315.44; YWCA as defined in section 315.44; or JCC as defined in section 315.51, whose primary purpose is to provide child care or services to school-age children;
(13) Head Start nonresidential programs which operate for less than 45 days in each calendar year;
(14) noncertified boarding care homes unless they provide services for five or more persons whose primary diagnosis is mental illness or a developmental disability;
(15) programs for children such as scouting, boys clubs, girls clubs, and sports and art programs, and nonresidential programs for children provided for a cumulative total of less than 30 days in any 12-month period;
(16) residential programs for persons with mental illness, that are located in hospitals;
(17) the religious instruction of school-age children; Sabbath or Sunday schools; or the congregate care of children by a church, congregation, or religious society during the period used by the church, congregation, or religious society for its regular worship;
(18) camps licensed by the commissioner of health under Minnesota Rules, chapter 4630;
(19) mental health outpatient services for adults with mental illness or children with emotional disturbance;
(20) residential programs serving school-age children whose sole purpose is cultural or educational exchange, until the commissioner adopts appropriate rules;
(21) unrelated individuals who provide
out-of-home respite care services to persons with developmental disabilities
from a single related family for no more than 90 days in a 12-month period and
the respite care services are for the temporary relief of the person's family
or legal representative;
(22) respite care services provided as a
home and community-based service to a person with a developmental
disability, in the person's primary residence;
(23) (21) community support
services programs as defined in section 245.462, subdivision 6, and family
community support services as defined in section 245.4871, subdivision 17;
(24) (22) the placement of a
child by a birth parent or legal guardian in a preadoptive home for purposes of
adoption as authorized by section 259.47;
(25) (23) settings registered
under chapter 144D which provide home care services licensed by the
commissioner of health to fewer than seven adults;
(26) (24) chemical dependency
or substance abuse treatment activities of licensed professionals in private
practice as defined in Minnesota Rules, part 9530.6405, subpart 15, when the
treatment activities are not paid for by the consolidated chemical dependency
treatment fund;
(27) (25) consumer-directed
community support service funded under the Medicaid waiver for persons with
developmental disabilities when the individual who provided the service is:
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(i) the same individual who is the direct payee of these specific waiver funds or paid by a fiscal agent, fiscal intermediary, or employer of record; and
(ii) not otherwise under the control of a residential or nonresidential program that is required to be licensed under this chapter when providing the service; or
(28) (26) a program serving only
children who are age 33 months or older, that is operated by a nonpublic
school, for no more than four hours per day per child, with no more than 20
children at any one time, and that is accredited by:
(i) an accrediting agency that is formally recognized by the commissioner of education as a nonpublic school accrediting organization; or
(ii) an accrediting agency that requires background studies and that receives and investigates complaints about the services provided.
A program that asserts its exemption from licensure under item (ii) shall, upon request from the commissioner, provide the commissioner with documentation from the accrediting agency that verifies: that the accreditation is current; that the accrediting agency investigates complaints about services; and that the accrediting agency's standards require background studies on all people providing direct contact services.
(b) For purposes of paragraph (a), clause (6), a building is directly contiguous to a building in which a nonresidential program is located if it shares a common wall with the building in which the nonresidential program is located or is attached to that building by skyway, tunnel, atrium, or common roof.
(c) Except for the home and community-based services identified in section 245D.03, subdivision 1, nothing in this chapter shall be construed to require licensure for any services provided and funded according to an approved federal waiver plan where licensure is specifically identified as not being a condition for the services and funding.
Sec. 2. Minnesota Statutes 2010, section 245A.041, is amended by adding a subdivision to read:
Subd. 3. Record retention; license holder
requirements. (a) A license
holder must maintain and store records in a manner that will allow for review
by the commissioner as identified in section 245A.04, subdivision 5. The following records must be
maintained as specified and in accordance with applicable state or federal law,
regulation, or rule:
(1) service recipient records,
including verification of service delivery, must be maintained for a minimum of
five years following discharge or termination of service;
(2)
personnel records must be maintained for a minimum of five years following
termination of employment; and
(3) program administration and
financial records must be maintained for a minimum of five years from the date
the program closes.
(b) A license holder who ceases to
provide services must maintain all records related to the licensed program for
five years from the date the program closes.
The license holder must notify the commissioner of the location where
the licensing records will be stored and the name of the person responsible for
maintaining the stored records.
(c) If the ownership of a licensed program
or service changes, the transferor, unless otherwise provided by law or written
agreement with the transferee, is responsible for maintaining, preserving, and
making available to the commissioner on demand the license records generated
before the date of the transfer.
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(d) In the event of a contested case, the license holder
must retain records as required in paragraph (a) or until the final agency
decision is issued and the conclusion of any related appeal, whichever period
is longer.
Sec. 3. Minnesota Statutes 2010, section 245A.041, is amended by adding a subdivision to read:
Subd. 4.
Electronic records; license
holder use. A license
holder's use of electronic record keeping or electronic signatures must meet
the following requirements:
(1) use of electronic record keeping or electronic
signatures does not alter the license holder's obligations under state or
federal law, regulation, or rule;
(2) the license holder must ensure that the use of
electronic record keeping does not limit the commissioner's access to records
as specified under section 245A.04, subdivision 5;
(3) upon request, the license holder must assist the
commissioner in accessing and copying all records, including encrypted records
and electronic signatures; and
(4) the license holder must establish a mechanism or
procedure to ensure that:
(i) the act of
creating the electronic record or signature is attributable to the license
holder, according to section 325L.09;
(ii) the electronic records and signatures are
maintained in a form capable of being retained and accurately reproduced;
(iii) the commissioner has access to information that
establishes the date and time that data and signatures were entered into the
electronic record; and
(iv) the license holder's use of electronic record
keeping or electronic signatures does not compromise the security of the
records.
Sec. 4. [245A.042] HOME AND COMMUNITY-BASED
SERVICES; ADDITIONAL STANDARDS AND PROCEDURES.
Subdivision 1.
Standards governing the
provision of home and community-based services. Residential and nonresidential
programs for persons with disabilities or age 65 and older must obtain a
license according to this chapter to provide home and community-based services
defined in the federal waiver plans governed by United States Code, title 42,
sections 1396 et seq., or the state's alternative care program according to
section 256B.0913, and identified in section 245D.03, subdivision 1. As a condition of licensure, an applicant or license
holder must demonstrate and maintain verification of compliance with:
(1) licensing requirements under this chapter and
chapter 245D;
(2) applicable health care program requirements under
Minnesota Rules, parts 9505.0170 to 9505.0475 and 9505.2160 to 9505.2245; and
(3) provider standards and qualifications identified in
the federal waiver plans or the alternative care program.
Subd. 2. Modified application procedures. (a) Applicants seeking chapter 245D
licensure who meet the following criteria are subject to modified application
procedures:
(1) the applicant holds a chapter 245B license issued on
or before December 31, 2012, at the time of application;
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(2) the applicant's chapter 245B license
or licenses are in substantial compliance according to the licensing standards
in this chapter and chapter 245B; and
(3) the commissioner has conducted at least
one on-site inspection of the chapter 245B license or licenses within the
two-year period before submitting the chapter 245D license application.
For purposes of this subdivision,
substantial compliance means the commissioner has not issued a sanction
according to section 245A.07 against any chapter 245B license held by the
applicant or made the chapter 245B license or licenses conditional according to
section 245A.06 within the 12-month period before submitting the application
for chapter 245D licensure.
(b) The modified application procedures
mean the commissioner must accept the applicant's attestation of compliance
with certain requirements in lieu of providing information to the commissioner for
evaluation that is otherwise required when seeking chapter 245D licensure.
Subd. 3. Implementation. (a) Licensure of home and
community-based services according to this section will be implemented upon
authorization for the commissioner to collect fees according to section
245A.10, subdivisions 3 and 4, necessary to support licensing functions. License applications will be received on a
phased in schedule as determined by the commissioner. Licenses will be issued on or after January
1, 2013, according to section 245A.04.
(b) Implementation of compliance
monitoring must be phased in after January 1, 2013.
(1) Applicants who do not currently hold
a license issued under this chapter must receive an initial compliance
monitoring visit within 12 months of the effective date of the initial license
for the purpose of providing technical assistance on how to achieve and
maintain compliance with the applicable law or rules governing the provision of
home and community-based services under chapter 245D. If during the review the commissioner finds
that the license holder has failed to achieve compliance with an applicable law
or rule and this failure does not imminently endanger the health, safety, or
rights of the persons served by the program, the commissioner may issue a
licensing review report with recommendations for achieving and maintaining
compliance.
(2) Applicants who do currently hold a
license issued under this chapter must receive a compliance monitoring visit
after 24 months of the effective date of the initial license.
(c) Nothing in this subdivision shall be
construed to limit the commissioner's authority to suspend or revoke a license
or issue a fine at any time under section 245A.07, or make correction orders
and make a license conditional for failure to comply with applicable laws or
rules under section 245A.06, based on the nature, chronicity, or severity of
the violation of law or rule and the effect of the violation on the health,
safety, or rights of persons served by the program.
Sec. 5. Minnesota Statutes 2010, section 245A.085, is amended to read:
245A.085
CONSOLIDATION OF HEARINGS; RECONSIDERATION.
Hearings authorized under this chapter, chapter 245C, and sections 256.045, 256B.04, 626.556, and 626.557, shall be consolidated if feasible and in accordance with other applicable statutes and rules. Reconsideration under sections 245C.28; 626.556, subdivision 10i; and 626.557, subdivision 9d, shall also be consolidated if feasible.
Sec. 6. Minnesota Statutes 2010, section 245B.02, is amended by adding a subdivision to read:
Subd. 8a. Emergency. "Emergency" means any fires,
severe weather, natural disasters, power failures, or any event that affects
the ordinary daily operation of the program, including, but not limited to,
events that threaten the immediate health and safety of a person receiving
services and that require calling 911, emergency evacuation, moving to an
emergency shelter, or temporary closure or relocation of the program to another
facility or service site.
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Sec. 7. Minnesota Statutes 2010, section 245B.02, subdivision 10, is amended to read:
Subd. 10. Incident. "Incident" means an occurrence that affects the ordinary provision of services to a person and includes any of the following:
(1) serious injury as determined by section 245.91, subdivision 6;
(2) a consumer's death;
(3) any medical emergencies emergency,
unexpected serious illnesses illness, or accidents significant
unexpected changes in an illness or medical condition, or the mental health
status of a person that require requires calling 911 or a mental
health mobile crisis intervention team, physician treatment, or
hospitalization;
(4) a consumer's unauthorized or unexplained absence;
(5) any fires or other events that
require the relocation of services for more than 24 hours, or circumstances
involving a law enforcement agency or fire department related to the health,
safety, or supervision of a consumer;
(6) (5) physical aggression
by a consumer against another consumer that causes physical pain, injury, or
persistent emotional distress, including, but not limited to, hitting,
slapping, kicking, scratching, pinching, biting, pushing, and spitting;
(7) (6) any sexual activity
between consumers involving force or coercion as defined under section 609.341,
subdivisions 3 and 14; or
(8) (7) a report of child or
vulnerable adult maltreatment under section 626.556 or 626.557.
Sec. 8. Minnesota Statutes 2010, section 245B.04, subdivision 1, is amended to read:
Subdivision 1. License holder's responsibility for consumers' rights. The license holder must:
(1) provide the consumer or the consumer's legal representative a copy of the consumer's rights on the day that services are initiated and an explanation of the rights in subdivisions 2 and 3 within five working days of service initiation and annually thereafter. Reasonable accommodations shall be made by the license holder to provide this information in other formats as needed to facilitate understanding of the rights by the consumer and the consumer's legal representative, if any;
(2) document the consumer's or the consumer's legal representative's receipt of a copy of the rights and an explanation of the rights; and
(3) ensure the exercise and protection of the consumer's rights in the services provided by the license holder and authorized in the individual service plan.
Sec. 9. Minnesota Statutes 2010, section 245B.04, subdivision 2, is amended to read:
Subd. 2. Service-related rights. A consumer's service-related rights include the right to:
(1) refuse or terminate services and be informed of the consequences of refusing or terminating services;
(2) know, in advance, limits to the services available from the license holder;
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(3) know conditions and terms governing
the provision of services, including those the license holder's
policies and procedures related to initiation and termination;
(4) know what the charges are for services, regardless of who will be paying for the services, and be notified upon request of changes in those charges;
(5) know, in advance, whether services are covered by insurance, government funding, or other sources, and be told of any charges the consumer or other private party may have to pay; and
(6) receive
licensed services from individuals who are competent and trained, who have
professional certification or licensure, as required, and who meet
additional qualifications identified in the individual service plan.
Sec. 10. Minnesota Statutes 2010, section 245B.04, subdivision 3, is amended to read:
Subd. 3. Protection-related rights. (a) The consumer's protection-related rights include the right to:
(1) have personal, financial, services, and medical information kept private, and be advised of the license holder's policies and procedures regarding disclosure of such information;
(2) access records and recorded information about the person in accordance with applicable state and federal law, regulation, or rule;
(3) be free from maltreatment;
(4) be treated with courtesy and respect for the consumer's individuality, mode of communication, and culture, and receive respectful treatment of the consumer's property;
(5) reasonable observance of cultural
and ethnic practice and religion;
(6) be free from bias and harassment
regarding race, gender, age, disability, spirituality, and sexual orientation;
(7) be informed of and use the license
holder's grievance policy and procedures, including knowing how to contact
persons responsible for addressing problems and to appeal under section
256.045;
(8) know the name, telephone number,
and the Web site, e-mail, and street addresses of protection and advocacy
services, including the appropriate state-appointed ombudsman, and a brief
description of how to file a complaint with these offices;
(5) (9) voice grievances,
know the contact persons responsible for addressing problems and how to contact
those persons;
(6) (10) any procedures for
grievance or complaint resolution and the right to appeal under section
256.045;
(7) (11) know the name and
address of the state, county, or advocacy agency to contact for additional
information or assistance;
(8) (12) assert these rights
personally, or have them asserted by the consumer's family or legal representative,
without retaliation;
(9) (13) give or withhold
written informed consent to participate in any research or experimental
treatment;
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(10) (14) have daily, private access to and
use of a non-coin-operated telephone for local calls and long-distance calls
made collect or paid for by the resident;
(11) (15) receive and send, without
interference, uncensored, unopened mail or electronic correspondence or
communication;
(12) (16) marital privacy for visits with the
consumer's spouse and, if both are residents of the site, the right to share a
bedroom and bed;
(13) (17) associate with other persons of the
consumer's choice;
(14) (18) personal privacy; and
(15) (19) engage in chosen activities.
(b) Restriction of a person's rights under paragraph
(a), clauses (13) to (15), or this paragraph is allowed only if determined
necessary to ensure the health, safety, and well-being of the person. Any restriction of these rights must be
documented in the service plan for the person and must include the following
information:
(1) the justification for the restriction based on an
assessment of the person's vulnerability related to exercising the right
without restriction;
(2) the objective measures set as conditions for ending
the restriction;
(3) a schedule for reviewing the need for the
restriction based on the conditions for ending the restriction to occur, at a
minimum, every three months for persons who do not have a legal representative
and annually for persons who do have a legal representative from the date of
initial approval; and
(4) signed and dated approval for the restriction from
the person, or the person's legal representative, if any. A restriction may be implemented only when
the required approval has been obtained.
Approval may be withdrawn at any time.
If approval is withdrawn, the right must be immediately and fully
restored.
Sec. 11. Minnesota Statutes 2010, section 245B.05, subdivision 1, is amended to read:
Subdivision 1. Environment. The license holder must:
(1) ensure that services are provided in a safe and hazard-free environment when the license holder is the owner, lessor, or tenant of the service site. All other license holders shall inform the consumer or the consumer's legal representative and case manager about any environmental safety concerns in writing;
(2) lock doors ensure that doors are locked or
toxic substances or dangerous items normally accessible to persons served by
the program are stored in locked cabinets, drawers, or containers only to
protect the safety of consumers and not as a substitute for staff supervision
or interactions with consumers. If
doors are locked or toxic substances or dangerous items normally accessible to
persons served by the program are stored in locked cabinets, drawers, or
containers, the license holder must justify and document how this determination
was made in consultation with the person or the person's legal representative
and how access will otherwise be provided to the person and all other affected
persons receiving services;
(3) follow procedures that minimize the consumer's health risk from communicable diseases; and
(4) maintain equipment,
vehicles, supplies, and materials owned or leased by the license holder in good
condition.
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Sec. 12. Minnesota Statutes 2010, section 245B.07, subdivision 5, is amended to read:
Subd. 5. Staff orientation. (a) Within 60 days of hiring staff who provide direct service, the license holder must provide 30 hours of staff orientation. Direct care staff must complete 15 of the 30 hours orientation before providing any unsupervised direct service to a consumer. If the staff person has received orientation training from a license holder licensed under this chapter, or provides semi-independent living services only, the 15-hour requirement may be reduced to eight hours. The total orientation of 30 hours may be reduced to 15 hours if the staff person has previously received orientation training from a license holder licensed under this chapter.
(b) The 30 hours of orientation must
combine supervised on-the-job training with coverage review of and
instruction on the following material:
(1) review of the consumer's service plans and risk management plan to achieve an understanding of the consumer as a unique individual and staff responsibilities related to implementation of those plans;
(2) review and instruction on implementation of the license holder's policies and procedures, including their location and access;
(3) staff responsibilities related to emergency procedures;
(4) explanation of specific job functions, including implementing objectives from the consumer's individual service plan;
(5) explanation of responsibilities related to section 245A.65; sections 626.556 and 626.557, governing maltreatment reporting and service planning for children and vulnerable adults; and section 245.825, governing use of aversive and deprivation procedures;
(6) medication administration as it applies to the individual consumer, from a training curriculum developed by a health services professional described in section 245B.05, subdivision 5, and when the consumer meets the criteria of having overriding health care needs, then medication administration taught by a health services professional. Staff may administer medications only after they demonstrate the ability, as defined in the license holder's medication administration policy and procedures. Once a consumer with overriding health care needs is admitted, staff will be provided with remedial training as deemed necessary by the license holder and the health professional to meet the needs of that consumer.
For purposes of this section, overriding health care needs means a health care condition that affects the service options available to the consumer because the condition requires:
(i) specialized or intensive medical or nursing supervision; and
(ii)
nonmedical service providers to adapt their services to accommodate the health
and safety needs of the consumer;
(7) consumer rights and staff responsibilities related to protecting and ensuring the exercise of the consumer rights; and
(8) other topics necessary as determined by the consumer's individual service plan or other areas identified by the license holder.
(c) The license holder must document each employee's orientation received.
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Sec. 13. Minnesota Statutes 2010, section 245B.07, is amended by adding a subdivision to read:
Subd. 7a.
Subcontractors. If the license holder uses a
subcontractor to perform services licensed under this chapter on the license
holder's behalf, the license holder must ensure that the subcontractor meets
and maintains compliance with all requirements under this chapter that apply to
the services to be provided.
Sec. 14. Minnesota Statutes 2010, section 245B.07, subdivision 9, is amended to read:
Subd. 9. Availability of current written policies and procedures. The license holder shall:
(1) review and update, as needed, the written policies and procedures in this chapter;
(2) inform consumers or the consumer's legal representatives of the written policies and procedures in this chapter upon service initiation. Copies of policies and procedures affecting a consumer's rights under section 245D.04 must be provided upon service initiation. Copies of all other policies and procedures must be available to consumers or the consumer's legal representatives, case managers, the county where services are located, and the commissioner upon request;
(3) provide all consumers or the consumers' legal
representatives and case managers a copy of the revised policies and
procedures and explanation of the revisions to policies and
procedures that affect consumers' service-related or protection-related
rights under section 245B.04 and maltreatment reporting policies and
procedures. Unless there is
reasonable cause, the license holder must provide this notice at least 30 days
before implementing the revised policy and procedure. The license holder must document the reason
for not providing the notice at least 30 days before implementing the
revisions;
(4) annually notify all
consumers or the consumers' legal representatives and case managers of any
revised policies and procedures under this chapter, other than those in clause
(3). Upon request, the license holder
must provide the consumer or consumer's legal representative and case
manager copies of the revised policies and procedures;
(5) before implementing revisions to policies and procedures under this chapter, inform all employees of the revisions and provide training on implementation of the revised policies and procedures; and
(6) document and maintain relevant information related to the policies and procedures in this chapter.
Sec. 15. Minnesota Statutes 2010, section 245B.07, subdivision 10, is amended to read:
Subd. 10. Consumer funds. (a) The license holder must ensure that consumers retain the use and availability of personal funds or property unless restrictions are justified in the consumer's individual service plan.
(b) The license holder must ensure separation of consumer funds from funds of the license holder, the program, or program staff.
(c) Whenever the license holder assists a consumer with the safekeeping of funds or other property, the license holder must have written authorization to do so by the consumer or the consumer's legal representative, and the case manager. In addition, the license holder must:
(1) document receipt and disbursement of the consumer's funds or the property;
(2) annually survey, document, and implement the preferences of the consumer, consumer's legal representative, and the case manager for frequency of receiving a statement that itemizes receipts and disbursements of consumer funds or other property; and
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(3) return to the consumer upon the consumer's request, funds and property in the license holder's possession subject to restrictions in the consumer's individual service plan, as soon as possible, but no later than three working days after the date of the request.
(d) License holders and program staff must not:
(1) borrow money from a consumer;
(2) purchase personal items from a consumer;
(3) sell merchandise or personal services to a consumer;
(4) require a consumer to purchase items
for which the license holder is eligible for reimbursement; or
(5) use consumer funds in a manner that
would violate section 256B.04, or any rules promulgated under that section.;
or
(6) accept powers-of-attorney from a
person receiving services from the license holder for any purpose, and may not
accept an appointment as guardian or conservator of a person receiving services
from the license holder. This does not
apply to license holders that are Minnesota counties or other units of
government.
Sec. 16. [245D.01]
CITATION.
This chapter may be cited as the
"Home and Community-Based Services Standards" or "HCBS
Standards."
Sec. 17. [245D.02]
DEFINITIONS.
Subdivision 1. Scope. The terms used in this chapter have
the meanings given them in this section.
Subd. 2. Annual
and annually. "Annual"
and "annually" have the meaning given in section 245A.02, subdivision
2b.
Subd. 3. Case manager. "Case manager" means the individual designated to provide waiver case management services, care coordination, or long-term care consultation, as specified in sections 256B.0913, 256B.0915, 256B.092, and 256B.49, or successor provisions.
Subd. 4. Commissioner. "Commissioner" means the
commissioner of the Department of Human Services or the commissioner's
designated representative.
Subd. 5. Department. "Department" means the
Department of Human Services.
Subd. 6. Direct
contact. "Direct
contact" has the meaning given in section 245C.02, subdivision 11, and is
used interchangeably with the term "direct service."
Subd. 7. Drug. "Drug" has the meaning given
in section 151.01, subdivision 5.
Subd. 8. Emergency. "Emergency" means any event that
affects the ordinary daily operation of the program including, but not limited
to, fires, severe weather, natural disasters, power failures, or other events
that threaten the immediate health and safety of a person receiving services
and that require calling 911, emergency evacuation, moving to an emergency
shelter, or temporary closure or relocation of the program to another facility
or service site.
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Subd. 9.
Health services. "Health services" means any
service or treatment consistent with the physical and mental health needs of
the person, such as medication administration and monitoring, medical, dental,
nutritional, health monitoring, wellness education, and exercise.
Subd. 10. Home and community-based services. "Home and community-based services" means the services subject to the provisions of this chapter and defined in the federal waiver plans governed by United States Code, title 42, sections 1396 et seq., or the state's alternative care program according to section 256B.0913, including the brain injury (BI) waiver, the community alternative care (CAC) waiver, the community alternatives for disabled individuals (CADI) waiver, the developmental disability (DD) waiver, the elderly waiver (EW), and the alternative care (AC) program.
Subd. 11.
Incident. "Incident" means an
occurrence that affects the ordinary provision of services to a person and includes
any of the following:
(1) serious injury as determined by section 245.91, subdivision 6;
(2) a person's death;
(3) any medical emergency, unexpected serious illness,
or significant unexpected change in an illness or medical condition, or the mental
health status of a person that requires calling 911 or a mental health crisis
intervention team, physician treatment, or hospitalization;
(4) a person's unauthorized or unexplained absence from
a program;
(5) physical aggression by a person receiving services
against another person receiving services that causes physical pain, injury, or
persistent emotional distress, including, but not limited to, hitting,
slapping, kicking, scratching, pinching, biting, pushing, and spitting;
(6) any sexual activity between persons receiving services involving force or coercion as defined under section 609.341, subdivisions 3 and 14; or
(7) a report of alleged or suspected child or vulnerable adult maltreatment under section 626.556 or 626.557.
Subd. 12. Legal representative. "Legal representative" means
the parent of a person who is under 18 years of age, a court-appointed
guardian, or other representative with legal authority to make decisions about
services for a person.
Subd. 13. License. "License" has the meaning given in section 245A.02, subdivision 8.
Subd. 14.
Licensed health professional. "Licensed health
professional" means a person licensed in Minnesota to practice those
professions described in section 214.01, subdivision 2.
Subd. 15. License holder. "License holder" has the meaning given in section 245A.02, subdivision 9.
Subd. 16.
Medication. "Medication" means a
prescription drug or over-the-counter drug.
For purposes of this chapter, "medication" includes dietary
supplements.
Subd. 17.
Medication administration. "Medication administration"
means performing the following set of tasks to ensure a person takes both
prescription and over-the-counter medications and treatments according to
orders issued by appropriately licensed professionals, and includes the
following:
(1) checking the person's medication record;
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(2) preparing the medication for administration;
(3) administering the medication to the person;
(4) documenting the administration of the medication or
the reason for not administering the medication; and
(5) reporting to the
prescriber or a nurse any concerns about the medication, including side
effects, adverse reactions, effectiveness, or the person's refusal to
take the medication or the person's self-administration of the medication.
Subd. 18.
Medication assistance. "Medication assistance" means
providing verbal or visual reminders to take regularly scheduled medication,
which includes either of the following:
(1) bringing to the person and opening a container of
previously set up medications and emptying the container into the person's hand
or opening and giving the medications in the original container to the person,
or bringing to the person liquids or food to accompany the medication; or
(2) providing verbal or visual reminders to perform
regularly scheduled treatments and exercises.
Subd. 19.
Medication management. "Medication management"
means the provision of any of the following:
(1) medication-related services to a person;
(2) medication setup;
(3) medication administration;
(4) medication storage and security;
(5) medication documentation and charting;
(6) verification and
monitoring of effectiveness of systems to ensure safe medication handling and
administration;
(7) coordination of medication refills;
(8) handling changes to prescriptions and implementation
of those changes;
(9) communicating with the pharmacy; or
(10) coordination and communication with prescriber.
For the purposes of this chapter, medication management
does not mean "medication therapy management services" as identified
in section 256B.0625, subdivision 13h.
Subd. 20.
Mental health crisis
intervention team. "Mental
health crisis intervention team" means mental health crisis response
providers as identified in section 256B.0624, subdivision 2, paragraph (d), for
adults, and in section 256B.0944, subdivision 1, paragraph (d), for children.
Subd. 21.
Over-the-counter drug. "Over-the-counter drug"
means a drug that is not required by federal law to bear the statement
"Caution: Federal law prohibits
dispensing without prescription."
Subd. 22.
Person. "Person" has the meaning
given in section 245A.02, subdivision 11.
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Subd. 23. Person
with a disability. "Person
with a disability" means a person determined to have a disability by the
commissioner's state medical review team as identified in section 256B.055, subdivision
7, the Social Security Administration, or the person is determined to have a
developmental disability as defined in Minnesota Rules, part 9525.0016, subpart
2, item B, or a related condition as defined in section 252.27, subdivision 1a.
Subd. 24. Prescriber. "Prescriber" means a
licensed practitioner as defined in section 151.01, subdivision 23, who is
authorized under section 151.37 to prescribe drugs. For the purposes of this chapter, the term
"prescriber" is used interchangeably with "physician."
Subd. 25. Prescription
drug. "Prescription
drug" has the meaning given in section 151.01, subdivision 17.
Subd. 26. Program. "Program" means either the
nonresidential or residential program as defined in section 245A.02,
subdivisions 10 and 14.
Subd. 27. Psychotropic
medication. "Psychotropic
medication" means any medication prescribed to treat the symptoms of
mental illness that affect thought processes, mood, sleep, or behavior. The major classes of psychotropic medication
are antipsychotic (neuroleptic), antidepressant, antianxiety, mood stabilizers,
anticonvulsants, and stimulants and nonstimulants for the treatment of
attention deficit/hyperactivity disorder.
Other miscellaneous medications are considered to be a psychotropic
medication when they are specifically prescribed to treat a mental illness or
to control or alter behavior.
Subd. 28. Restraint. "Restraint" means physical
or mechanical limiting of the free and normal movement of body or limbs.
Subd. 29. Seclusion. "Seclusion" means separating
a person from others in a way that prevents social contact and prevents the
person from leaving the situation if he or she chooses.
Subd. 30. Service. "Service" means care,
training, supervision, counseling, consultation, or medication assistance
assigned to the license holder in the service plan.
Subd. 31. Service
plan. "Service
plan" means the individual service plan or individual care plan identified
in sections 256B.0913, 256B.0915, 256B.092, and 256B.49, or successor provisions,
and includes any support plans or service needs identified as a result of
long-term care consultation, or a support team meeting that includes the
participation of the person, the person's legal representative, and case
manager, or assigned to a license holder through an authorized service
agreement.
Subd. 32. Service
site. "Service
site" means the location where the service is provided to the person,
including but not limited to, a facility licensed according to chapter 245A; a
location where the license holder is the owner, lessor, or tenant; a person's
own home; or a community-based location.
Subd. 33. Staff. "Staff" means an employee
who will have direct contact with a person served by the facility, agency, or
program.
Subd. 34. Support
team. "Support
team" means the service planning team identified in section 256B.49,
subdivision 15, or the interdisciplinary team identified in Minnesota Rules,
part 9525.0004, subpart 14.
Subd. 35. Unit of government. "Unit of government" means every city, county, town, school district, other political subdivisions of the state, and any agency of the state or the United States, and includes any instrumentality of a unit of government.
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Subd. 36. Volunteer. "Volunteer" means an
individual who, under the direction of the license holder, provides direct
services without pay to a person served by the license holder.
Sec. 18. [245D.03]
APPLICABILITY AND EFFECT.
Subdivision 1. Applicability. The commissioner shall regulate the
provision of home and community-based services to persons with disabilities and
persons age 65 and older pursuant to this chapter. The licensing standards in this chapter
govern the provision of the following services:
(1) housing access coordination as
defined under the current BI, CADI, and DD waiver plans or successor plans;
(2) respite services as defined under
the current CADI, BI, CAC, DD, and EW waiver plans or successor plans when the
provider is an individual who is not an employee of a residential or
nonresidential program licensed by the Department of Human Services or the
Department of Health that is otherwise providing the respite service;
(3) behavioral programming as defined
under the current BI and CADI waiver plans or successor plans;
(4) specialist services as defined under the current DD waiver plan or successor plans;
(5) companion services as defined under the current BI, CADI, and EW waiver plans or successor plans, excluding companion services provided under the Corporation for National and Community Services Senior Companion Program established under the Domestic Volunteer Service Act of 1973, Public Law 98-288;
(6) personal support as defined under
the current DD waiver plan or successor plans;
(7) 24-hour emergency assistance,
on-call and personal emergency response as defined under the current CADI and
DD waiver plans or successor plans;
(8) night supervision services as
defined under the current BI waiver plan or successor plans;
(9) homemaker services as defined under
the current CADI, BI, CAC, DD, and EW waiver plans or successor plans,
excluding providers licensed by the Department of Health under chapter 144A and
those providers providing cleaning services only;
(10) independent living skills training
as defined under the current BI and CADI waiver plans or successor plans;
(11) prevocational services as defined
under the current BI and CADI waiver plans or successor plans;
(12) structured day services as defined
under the current BI waiver plan or successor plans; or
(13) supported employment as defined
under the current BI and CADI waiver plans or successor plans.
Subd. 2. Relationship to other standards governing home and community-based services. (a) A license holder governed by this chapter is also subject to the licensure requirements under chapter 245A.
(b) A license holder concurrently
providing child foster care services licensed according to Minnesota Rules,
chapter 2960, to the same person receiving a service licensed under this
chapter is exempt from section 245D.04, as it applies to the person.
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(c) A license holder concurrently providing
home care services registered according to sections 144A.43 to 144A.49 to the
same person receiving home management services licensed under this chapter is
exempt from section 245D.04, as it applies to the person.
(d) A license holder identified in subdivision 1, clauses (1), (5), and (9), is exempt from compliance with sections 245A.65, subdivision 2, paragraph (a), and 626.557, subdivision 14, paragraph (b).
(e) Notwithstanding section 245D.06,
subdivision 5, a license holder providing structured day, prevocational, or
supported employment services under this chapter and day training and
habilitation or supported employment services licensed under chapter 245B
within the same program is exempt from compliance with this chapter, when the
license holder notifies the commissioner in writing that the requirements under
chapter 245B will be met for all persons receiving these services from the
program. For the purposes of this
paragraph, if the license holder has obtained approval from the commissioner
for an alternative inspection status according to section 245B.031, that
approval will apply to all persons receiving services in the program.
Subd. 3. Variance. If the conditions in section 245A.04, subdivision 9, are met, the commissioner may grant a variance to any of the requirements in this chapter, except sections 245D.04, and 245D.10, subdivision 4, paragraph (b), or provisions governing data practices and information rights of persons.
Subd. 4. License holders with multiple 245D licenses. (a) When a person changes service from one license to a different license held by the same license holder, the license holder is exempt from the requirements in section 245D.10, subdivision 4, paragraph (b).
(b) When a staff person begins providing direct service under one or more licenses held by the same license holder, other than the license for which staff orientation was initially provided according to section 245D.09, subdivision 4, the license holder is exempt from those staff orientation requirements; except the staff person must review each person's service plan and medication administration procedures in accordance with section 245D.09, subdivision 4, paragraph (c), if not previously reviewed by the staff person.
Sec. 19. [245D.04]
SERVICE RECIPIENT RIGHTS.
Subdivision 1. License
holder responsibility for individual rights of persons served by the program. The license holder must:
(1) provide each person or each
person's legal representative with a written notice that identifies the service
recipient rights in subdivisions 2 and 3, and an explanation of those rights
within five working days of service initiation and annually thereafter;
(2) make reasonable accommodations to
provide this information in other formats or languages as needed to facilitate
understanding of the rights by the person and the person's legal
representative, if any;
(3) maintain documentation of the
person's or the person's legal representative's receipt of a copy and an
explanation of the rights; and
(4) ensure the exercise and protection
of the person's rights in the services provided by the license holder and as
authorized in the service plan.
Subd. 2. Service-related
rights. A person's
service-related rights include the right to:
(1) participate in the development and
evaluation of the services provided to the person;
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(2) have services identified in the
service plan provided in a manner that respects and takes into consideration
the person's preferences;
(3) refuse or terminate services and be informed of the consequences of refusing or terminating services;
(4) know, in advance, limits to the
services available from the license holder;
(5) know conditions and terms governing
the provision of services, including the license holder's policies and
procedures related to temporary service suspension and service termination;
(6) know what the charges are for
services, regardless of who will be paying for the services, and be notified of
changes in those charges;
(7) know, in advance, whether services
are covered by insurance, government funding, or other sources, and be told of
any charges the person or other private party may have to pay; and
(8) receive services from an individual
who is competent and trained, who has professional certification or licensure,
as required, and who meets additional qualifications identified in the person's
service plan.
Subd. 3. Protection-related
rights. (a) A person's
protection-related rights include the right to:
(1) have personal, financial, service,
health, and medical information kept private, and be advised of disclosure of
this information by the license holder;
(2) access records and recorded
information about the person in accordance with applicable state and federal
law, regulation, or rule;
(3) be free from maltreatment;
(4) be free from restraint or seclusion
used for a purpose other than to protect the person from imminent danger to
self or others;
(5) receive services in a clean and
safe environment when the license holder is the owner, lessor, or tenant of the
service site;
(6) be treated with courtesy and respect and receive respectful treatment of the person's property;
(7) reasonable observance of cultural
and ethnic practice and religion;
(8) be free from bias and harassment
regarding race, gender, age, disability, spirituality, and sexual orientation;
(9) be informed of and use the license holder's grievance policy and procedures, including knowing how to contact persons responsible for addressing problems and to appeal under section 256.045;
(10) know the name, telephone number,
and the Web site, e-mail, and street addresses of protection and advocacy
services, including the appropriate state-appointed ombudsman, and a brief
description of how to file a complaint with these offices;
(11) assert these rights personally, or
have them asserted by the person's family, authorized representative, or legal
representative, without retaliation;
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(12) give or withhold written informed
consent to participate in any research or experimental treatment;
(13) associate with other persons of
the person's choice;
(14) personal privacy; and
(15) engage in chosen activities.
(b) For a person residing in a residential site licensed according to chapter 245A, or where the license holder is the owner, lessor, or tenant of the residential service site, protection-related rights also include the right to:
(1) have daily, private access to and
use of a non-coin-operated telephone for local calls and long-distance calls
made collect or paid for by the person;
(2) receive and send, without
interference, uncensored, unopened mail or electronic correspondence or
communication; and
(3) privacy for visits with the
person's spouse, next of kin, legal counsel, religious advisor, or others, in
accordance with section 363A.09 of the Human Rights Act, including privacy in
the person's bedroom.
(c) Restriction of a person's rights
under paragraph (a), clauses (13) to (15), or paragraph (b) is allowed only if
determined necessary to ensure the health, safety, and well-being of the
person. Any restriction of those rights
must be documented in the service plan for the person and must include the
following information:
(1) the justification for the
restriction based on an assessment of the person's vulnerability related to
exercising the right without restriction;
(2) the objective measures set as
conditions for ending the restriction;
(3) a schedule for reviewing the need
for the restriction based on the conditions for ending the restriction to
occur, at a minimum, every three months for persons who do not have a legal
representative and annually for persons who do have a legal representative from
the date of initial approval; and
(4) signed and dated approval for the
restriction from the person, or the person's legal representative, if any. A restriction may be implemented only when
the required approval has been obtained.
Approval may be withdrawn at any time.
If approval is withdrawn, the right must be immediately and fully
restored.
Sec. 20. [245D.05]
HEALTH SERVICES.
Subdivision 1. Health needs. (a) The license holder is responsible for providing health services assigned in the service plan and consistent with the person's health needs. The license holder is responsible for promptly notifying the person or the person's legal representative and the case manager of changes in a person's physical and mental health needs affecting assigned health services, when discovered by the license holder, unless the license holder has reason to know the change has already been reported. The license holder must document when the notice is provided.
(b) When assigned in the service plan,
the license holder is required to maintain documentation on how the person's
health needs will be met, including a description of the procedures the license
holder will follow in order to:
(1)
provide medication administration, medication assistance, or medication
management according to this chapter;
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(2) monitor health conditions according to written instructions from the person's physician or a licensed health professional;
(3) assist with or coordinate medical, dental, and other health service appointments; or
(4) use medical equipment, devices, or adaptive aides or technology safely and correctly according to written instructions from the person's physician or a licensed health professional.
Subd. 2. Medication
administration. (a) The
license holder must ensure that the following criteria have been met before
staff that is not a licensed health professional administers medication or
treatment:
(1) written authorization has been
obtained from the person or the person's legal representative to administer medication
or treatment orders;
(2)
the staff person has completed medication administration training according to
section 245D.09, subdivision 4, paragraph (c), clause (2); and
(3) the medication or treatment will be
administered under administration procedures established for the person in
consultation with a licensed health professional. Written instruction from the person's
physician may constitute the medication administration procedures. A prescription label or the prescriber's
order for the prescription is sufficient to constitute written instructions
from the prescriber. A licensed health
professional may delegate medication administration procedures.
(b) The license holder must ensure the
following information is documented in the person's medication administration
record:
(1) the information on the prescription
label or the prescriber's order that includes directions for safely and
correctly administering the medication to ensure effectiveness;
(2) information on any discomforts,
risks, or other side effects that are reasonable to expect, and any
contraindications to its use;
(3) the possible consequences if the
medication or treatment is not taken or administered as directed;
(4) instruction from the prescriber on
when and to whom to report the following:
(i) if the medication or treatment is
not administered as prescribed, whether by error by the staff or the person or
by refusal by the person; and
(ii) the occurrence of possible adverse
reactions to the medication or treatment;
(5) notation of any occurrence of
medication not being administered as prescribed or of adverse reactions, and
when and to whom the report was made; and
(6) notation of when a medication or
treatment is started, changed, or discontinued.
(c) The license holder must ensure that
the information maintained in the medication administration record is current
and is regularly reviewed with the person or the person's legal representative
and the staff administering the medication to identify medication administration
issues or errors. At a minimum, the
review must be conducted every three months or more often if requested by the
person or the person's legal representative.
Based on the review, the license holder must develop and implement a
plan to correct medication administration issues or errors. If issues or concerns are identified related
to the medication itself, the license holder must report those as required
under subdivision 4.
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Subd. 3. Medication
assistance. The license
holder must ensure that the requirements of subdivision 2, paragraph (a), have been
met when staff provides assistance to enable a person to self-administer
medication when the person is capable of directing the person's own care, or
when the person's legal representative is present and able to direct care for
the person.
Subd. 4. Reporting
medication and treatment issues. The
following medication administration issues must be reported to the person or
the person's legal representative and case manager as they occur or following
timelines established in the person's service plan or as requested in writing
by the person or the person's legal representative, or the case manager:
(1)
any reports made to the person's physician or prescriber required under
subdivision 2, paragraph (b), clause (4);
(2) a person's refusal or failure to take
medication or treatment as prescribed; or
(3) concerns about a person's self-administration of medication.
Subd. 5. Injectable
medications. Injectable
medications may be administered according to a prescriber's order and written
instructions when one of the following conditions has been met:
(1) a registered nurse or licensed
practical nurse will administer the subcutaneous or intramuscular injection;
(2) a supervising registered nurse with a
physician's order has delegated the administration of subcutaneous injectable
medication to an unlicensed staff member and has provided the necessary
training; or
(3) there is an agreement signed by the
license holder, the prescriber, and the person or the person's legal
representative, specifying what subcutaneous injections may be given, when,
how, and that the prescriber must retain responsibility for the license
holder's giving the injections. A copy
of the agreement must be placed in the person's service recipient record.
Only licensed health professionals are
allowed to administer psychotropic medications by injection.
Sec. 21. [245D.06]
PROTECTION STANDARDS.
Subdivision 1. Incident
response and reporting. (a)
The license holder must respond to all incidents under section 245D.02,
subdivision 11, that occur while providing services to protect the health and
safety of and minimize risk of harm to the person.
(b) The license holder must maintain information about and report incidents to the person's legal representative or designated emergency contact and case manager within 24 hours of an incident occurring while services are being provided, or within 24 hours of discovery or receipt of information that an incident occurred, unless the license holder has reason to know that the incident has already been reported. An incident of suspected or alleged maltreatment must be reported as required under paragraph (d), and an incident of serious injury or death must be reported as required under paragraph (e).
(c) When the incident involves more than
one person, the license holder must not disclose personally identifiable
information about any other person when making the report to each person and
case manager unless the license holder has the consent of the person.
(d) Within 24 hours of reporting maltreatment as required under section 626.556 or 626.557, the license holder must inform the case manager of the report unless there is reason to believe that the case manager is involved in the suspected maltreatment. The license holder must disclose the nature of the activity or occurrence reported and the agency that received the report.
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(e) Within 24 hours of the occurrence, or within 24 hours of receipt of the information, the license holder must report the death or serious injury of the person to the legal representative, if any, and case manager, the Department of Human Services Licensing Division, and the Office of Ombudsman for Mental Health and Developmental Disabilities as required under section 245.94, subdivision 2a, within 24 hours of the death, discovery of the death, or receipt of information that the death occurred unless the license holder has reason to know that the death has already been reported.
(f) The license holder must conduct a
review of incident reports, for identification of incident patterns, and
implementation of corrective action as necessary to reduce occurrences.
Subd. 2. Environment
and safety. The license
holder must:
(1) ensure the following when the
license holder is the owner, lessor, or tenant of the service site:
(i) the service site is a safe and hazard-free
environment;
(ii) doors are locked or toxic
substances or dangerous items normally accessible to persons served by the
program are stored in locked cabinets, drawers, or containers only to protect
the safety of a person receiving services and not as a substitute for staff
supervision or interactions with a person who is receiving services. If doors are locked or toxic substances or
dangerous items normally accessible to persons served by the program are stored
in locked cabinets, drawers, or containers, the license holder must justify and
document how this determination was made in consultation with the person or
person's legal representative, and how access will otherwise be provided to the
person and all other affected persons receiving services; and
(iii) a staff person is available on
site who is trained in basic first aid whenever persons are present and staff
are required to be at the site to provide direct service;
(2) maintain equipment, vehicles,
supplies, and materials owned or leased by the license holder in good condition
when used to provide services;
(3) follow procedures to ensure safe transportation, handling, and transfers of the person and any equipment used by the person, when the license holder is responsible for transportation of a person or a person's equipment;
(4) be prepared for emergencies and follow emergency response procedures to ensure the person's safety in an emergency; and
(5) follow sanitary practices for infection control and to prevent communicable diseases.
Subd. 3. Compliance with fire and safety codes. When services are provided at a service site licensed according to chapter 245A or where the license holder is the owner, lessor, or tenant of the service site, the license holder must document compliance with applicable building codes, fire and safety codes, health rules, and zoning ordinances, or document that an appropriate waiver has been granted.
Subd. 4. Funds and property. (a) Whenever the license holder assists a person with the safekeeping of funds or other property according to section 245A.04, subdivision 13, the license holder must have written authorization to do so from the person and the case manager.
(b) A license holder or staff person may not accept powers-of-attorney from a person receiving services from the license holder for any purpose, and may not accept an appointment as guardian or conservator of a person receiving services from the license holder. This does not apply to license holders that are Minnesota counties or other units of government or to staff persons employed by license holders who were acting as power-of-attorney, guardian, or conservator for specific individuals prior to enactment of this section. The license holder must maintain documentation of the power-of-attorney, guardianship, or conservatorship in the service recipient record.
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Subd. 5. Prohibitions. The license holder is prohibited from
using psychotropic medication as a substitute for adequate staffing, as
punishment, for staff convenience, or for any reason other than as
prescribed. The license holder is prohibited
from using restraints or seclusion under any circumstance, unless the
commissioner has approved a variance request from the license holder that
allows for the emergency use of restraints and seclusion according to terms and
conditions approved in the variance.
Sec. 22. [245D.07]
SERVICE NEEDS.
Subdivision 1. Provision
of services. The license
holder must provide services as specified in the service plan and assigned to
the license holder. The provision of
services must comply with the requirements of this chapter and the federal waiver
plans.
Subd. 2. Service
planning. The license holder
must participate in support team meetings related to the person following
stated timelines established in the person's service plan or as requested by
the support team, the person, or the person's legal representative.
Subd. 3. Reports. The license holder must provide
written reports regarding the person's progress or status as requested by the
person, the person's legal representative, the case manager, or the team.
Sec. 23. [245D.08]
RECORD REQUIREMENTS.
Subdivision
1. Record-keeping
systems. The license holder
must ensure that the content and format of service recipient, personnel, and
program records are uniform, legible, and in compliance with the requirements
of this chapter.
Subd. 2. Service
recipient record. (a) The
license holder must:
(1) maintain a record of current
services provided to each person on the premises where the services are
provided or coordinated; and
(2) protect service recipient records
against loss, tampering, or unauthorized disclosure in compliance with sections
13.01 to 13.10 and 13.46.
(b) The license holder must maintain
the following information for each person:
(1) identifying information, including
the person's name, date of birth, address, and telephone number;
(2) the name, address, and telephone
number of the person's legal representative, if any, an emergency contact, the
case manager, and family members or others as identified by the person or case
manager;
(3) service information, including service
initiation information, verification of the person's eligibility for services,
and documentation verifying that services have been provided as identified in
the service plan according to paragraph (a);
(4) health information, including medical
history and allergies; and when the license holder is assigned responsibility
for meeting the person's health needs according to section 245D.05:
(i) current orders for medication,
treatments, or medical equipment;
(ii) medication administration procedures;
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(iii) a medication administration
record documenting the implementation of the medication administration
procedures, including any agreements for administration of injectable
medications by the license holder; and
(iv) a medical appointment schedule;
(5) the person's current service plan or that portion of the plan assigned to the license holder. When a person's case manager does not provide a current service plan, the license holder must make a written request to the case manager to provide a copy of the service plan and inform the person of the right to a current service plan and the right to appeal under section 256.045;
(6) a record of other service providers serving the person when the person's service plan identifies the need for coordination between the service providers, that includes a contact person and telephone numbers, services being provided, and names of staff responsible for coordination;
(7) documentation of orientation to the
service recipient rights according to section 245D.04, subdivision 1, and
maltreatment reporting policies and procedures according to section 245A.65,
subdivision 1, paragraph (c);
(8)
copies of authorizations to handle a person's funds, according to section
245D.06, subdivision 4, paragraph (a);
(9) documentation of complaints
received and grievance resolution;
(10) incident reports required under section 245D.06, subdivision 1;
(11) copies of written reports
regarding the person's status when requested according to section 245D.07,
subdivision 3; and
(12) discharge summary, including service
termination notice and related documentation, when applicable.
Subd. 3. Access
to service recipient records. The
license holder must ensure that the following people have access to the
information in subdivision 1 in accordance with applicable state and federal
law, regulation, or rule:
(1) the person, the person's legal
representative, and anyone properly authorized by the person;
(2) the person's case manager;
(3)
staff providing services to the person unless the information is not relevant to
carrying out the service plan; and
(4) the county adult foster care licensor, when services are also licensed as adult foster care.
Subd. 4. Personnel
records. The license holder
must maintain a personnel record of each employee, direct service volunteer,
and subcontractor to document and verify staff qualifications, orientation, and
training. For the purposes of this
subdivision, the terms "staff" or "staff person" mean paid
employee, direct service volunteer, or subcontractor. The personnel record must include:
(1) the staff person's date of hire,
completed application, a position description signed by the staff person,
documentation that the staff person meets the position requirements as
determined by the license holder, the date of first supervised direct contact
with a person served by the program, and the date of first unsupervised direct
contact with a person served by the program;
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(2) documentation of staff
qualifications, orientation, training, and performance evaluations as required
under section 245D.09, subdivisions 3, 4, and 5, including the date the
training was completed, the number of hours per subject area, and the name and
qualifications of the trainer or instructor; and
(3) a completed background study as
required under chapter 245C.
Sec. 24. [245D.09]
STAFFING STANDARDS.
Subdivision 1. Staffing
requirements. The license holder
must provide direct service staff sufficient to ensure the health, safety, and
protection of rights of each person and to be able to implement the
responsibilities assigned to the license holder in each person's service plan.
Subd. 2. Supervision
of staff having direct contact. Except
for a license holder who are the sole direct service staff, the license holder
must provide adequate supervision of staff providing direct service to ensure
the health, safety, and protection of rights of each person and implementation
of the responsibilities assigned to the license holder in each person's service
plan.
Subd. 3. Staff
qualifications. (a) The
license holder must ensure that staff is competent through training,
experience, and education to meet the person's needs and additional
requirements as written in the service plan, or when otherwise required by the
case manager or the federal waiver plan.
The license holder must verify and maintain evidence of staff competency,
including documentation of:
(1) education and experience
qualifications, including a valid degree and transcript, or a current license,
registration, or certification, when a degree or licensure, registration, or
certification is required;
(2) completion of required orientation
and training, including completion of continuing education required to maintain
professional licensure, registration, or certification requirements; and
(3) except for a license holder who is
the sole direct service staff, performance evaluations completed by the license
holder of the direct service staff person's ability to perform the job
functions based on direct observation.
(b) Staff under 18 years of age may not
perform overnight duties or administer medication.
Subd. 4. Orientation. (a) Except for a license holder who
does not supervise any direct service staff, within 90 days of hiring direct
service staff, the license holder must provide and ensure completion of
orientation that combines supervised on-the-job training with review of and
instruction on the following:
(1) the job description and how to
complete specific job functions, including:
(i) responding to and reporting
incidents as required under section 245D.06, subdivision 1; and
(ii)
following safety practices established by the license holder and as required in
section 245D.06, subdivision 2;
(2) the license holder's current
policies and procedures required under this chapter, including their location
and access, and staff responsibilities related to implementation of those
policies and procedures;
(3) data privacy requirements according
to sections 13.01 to 13.10 and 13.46, the federal Health Insurance Portability
and Accountability Act of 1996 (HIPAA), and staff responsibilities related to
complying with data privacy practices;
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(4) the service recipient rights under section 245D.04,
and staff responsibilities related to ensuring the exercise and protection of
those rights;
(5) sections 245A.65; 245A.66, 626.556, and 626.557, governing maltreatment reporting and service planning for children and vulnerable adults, and staff responsibilities related to protecting persons from maltreatment and reporting maltreatment;
(6) what constitutes use of restraints, seclusion, and psychotropic medications, and staff responsibilities related to the prohibitions of their use; and
(7) other topics as determined necessary in the person's
service plan by the case manager or other areas identified by the license
holder.
(b) License holders who provide direct service themselves must complete the orientation required in paragraph (a), clauses (3) to (7).
(c) Before providing unsupervised direct service to a
person served by the program, or for whom the staff person has not previously
provided direct service, or any time the plans or procedures identified in
clauses (1) and (2) are revised, the staff person must review and receive
instruction on the following as it relates to the staff person's job functions
for that person:
(1) the person's service plan as it relates to the
responsibilities assigned to the license holder, and when applicable, the
person's individual abuse prevention plan according to section 245A.65, to
achieve an understanding of the person as a unique individual, and how to
implement those plans; and
(2) medication administration procedures established for
the person when assigned to the license holder according to section 245D.05,
subdivision 1, paragraph (b). Unlicensed
staff may administer medications only after successful completion of a
medication administration training, from a training curriculum developed by a
registered nurse, clinical nurse specialist in psychiatric and mental health
nursing, certified nurse practitioner, physician's assistant, or physician
incorporating an observed skill assessment conducted by the trainer to ensure
staff demonstrate the ability to safely and correctly follow medication
procedures. Medication administration
must be taught by a registered nurse, clinical nurse specialist, certified
nurse practitioner, physician's assistant, or physician, if at the time of
service initiation or any time thereafter, the person has or develops a health
care condition that affects the service options available to the person because
the condition requires:
(i) specialized or intensive medical or nursing
supervision;
(ii) nonmedical service providers to adapt their
services to accommodate the health and safety needs of the person; and
(iii) necessary training in order to meet the health
service needs of the person as determined by the person's physician.
Subd. 5.
Training. (a) A license holder must provide
annual training to direct service staff on the topics identified in subdivision
4, paragraph (a), clauses (3) to (6).
(b) A license holder providing behavioral programming,
specialist services, personal support, 24-hour emergency assistance, night
supervision, independent living skills, structured day, prevocational, or
supported employment services must provide a minimum of eight hours of annual
training to direct service staff that addresses:
(1) topics related to
the general health, safety, and service needs of the population served by the
license holder; and
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(2) other areas identified by the license holder or in
the person's current service plan.
Training on relevant topics received from sources other than the license holder may count toward training requirements.
(c) When the license holder is the owner, lessor, or
tenant of the service site and whenever a person receiving services is present
at the site, the license holder must have a staff person available on site who
is trained in basic first aid and, when required in a person's service plan,
cardiopulmonary resuscitation.
Subd. 6.
Subcontractors. If the license holder uses a
subcontractor to perform services licensed under this chapter on their behalf,
the license holder must ensure that the subcontractor meets and maintains
compliance with all requirements under this chapter that apply to the services
to be provided.
Subd. 7.
Volunteers. The license holder must ensure that volunteers
who provide direct services to persons served by the program receive the
training, orientation, and supervision necessary to fulfill their
responsibilities.
Sec. 25. [245D.10] POLICIES AND PROCEDURES.
Subdivision 1.
Policy and procedure requirements. The license holder must establish,
enforce, and maintain policies and procedures as required in this chapter.
Subd. 2.
Grievances. The license holder must establish
policies and procedures that provide a simple complaint process for persons served
by the program and their authorized representatives to bring a grievance that:
(1) provides staff assistance with the complaint process when requested, and the addresses and telephone numbers of outside agencies to assist the person;
(2) allows the person
to bring the complaint to the highest level of authority in the program if the
grievance cannot be resolved by other staff members, and that provides
the name, address, and telephone number of that person;
(3) requires the license holder to promptly respond to all complaints affecting a person's health and safety. For all other complaints the license holder must provide an initial response within 14 calendar days of receipt of the complaint. All complaints must be resolved within 30 calendar days of receipt or the license holder must document the reason for the delay and a plan for resolution;
(4) requires a complaint review that includes an
evaluation of whether:
(i) related policies and procedures were followed and adequate;
(ii) there is a need for additional staff training;
(iii) the complaint is similar to past complaints with the persons, staff, or services involved; and
(iv) there is a need
for corrective action by the license holder to protect the health and safety of
persons receiving services;
(5) based on the review in clause (4), requires the
license holder to develop, document, and implement a corrective action plan,
designed to correct current lapses and prevent future lapses in performance by
staff or the license holder, if any;
(6) provides a written summary of the complaint and a
notice of the complaint resolution to the person and case manager, that:
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(i) identifies the nature of the complaint and the date it was received;
(ii) includes the results of the complaint review;
(iii) identifies the complaint resolution, including any corrective action; and
(7) requires that the complaint summary
and resolution notice be maintained in the service recipient record.
Subd. 3. Service suspension and service termination. (a) The license holder must establish policies and procedures for temporary service suspension and service termination that promote continuity of care and service coordination with the person and the case manager, and with other licensed caregivers, if any, who also provide support to the person.
(b) The policy must include the
following requirements:
(1) the license holder must notify the person and case manager in writing of the intended termination or temporary service suspension, and the person's right to seek a temporary order staying the termination of service according to the procedures in section 256.045, subdivision 4a, or 6, paragraph (c);
(2) notice of the proposed termination
of services, including those situations that began with a temporary service
suspension, must be given at least 60 days before the proposed termination is
to become effective when a license holder is providing independent living
skills training, structured day, prevocational or supported employment services
to the person, and 30 days prior to termination for all other services licensed
under this chapter;
(3) the license holder must provide
information requested by the person or case manager when services are
temporarily suspended or upon notice of termination;
(4) prior to giving notice of service termination or temporary service suspension, the license holder must document actions taken to minimize or eliminate the need for service suspension or termination;
(5) during the temporary service suspension or service termination notice period, the license holder will work with the appropriate county agency to develop reasonable alternatives to protect the person and others;
(6) the license holder must maintain
information about the service suspension or termination, including the written
termination notice, in the service recipient record; and
(7) the license holder must restrict
temporary service suspension to situations in which the person's behavior
causes immediate and serious danger to the health and safety of the person or
others.
Subd. 4. Availability
of current written policies and procedures.
(a) The license holder must review and update, as needed, the
written policies and procedures required under this chapter.
(b) The license holder must inform the person and case manager of the policies and procedures affecting a person's rights under section 245D.04, and provide copies of those policies and procedures, within five working days of service initiation.
(c) The license holder must provide a
written notice at least 30 days before implementing any revised policies and
procedures affecting a person's rights under section 245D.04. The notice must explain the revision that was
made and include a copy of the revised policy and procedure. The license holder must document the reason
for not providing the notice at least 30 days before implementing the
revisions.
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(d) Before implementing revisions to required policies and procedures the license holder must inform all employees of the revisions and provide training on implementation of the revised policies and procedures.
Sec. 26. Minnesota Statutes 2010, section 256B.4912, is amended to read:
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 Minnesota
health care program requirements;
(2) regular reviews of provider qualifications, and including requests of proof of documentation; and
(3) processes to gather the necessary information to determine provider qualifications.
By July 2010, Beginning July 1, 2012, staff
that provide direct contact, as defined in section 245C.02, subdivision 11, that
are employees of waiver service providers for services specified in the
federally approved waiver plans 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 Payment
methodologies. (a) The
commissioner shall establish statewide rate-setting payment
methodologies that meet federal waiver requirements for home and
community-based waiver services for individuals with disabilities. The rate-setting payment
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.
(b) As of January 1, 2012, counties shall not implement
changes to established processes for rate-setting methodologies for individuals
using components of or data from research rates.
Subd. 3. Payment requirements. The payment methodologies established
under this section shall accommodate:
(1) supervision costs;
(2) staffing patterns;
(3) program-related expenses;
(4) general and administrative expenses; and
(5) consideration of recipient intensity.
Subd. 4.
Payment rate criteria. (a) The payment methodologies under
this section shall reflect the payment rate criteria in paragraphs (b), (c),
and (d).
(b) Payment rates shall reflect the reasonable, ordinary,
and necessary costs of service delivery.
(c) Payment rates shall be sufficient to enlist enough
providers so that care and services are available at least to the extent that
such care and services are available to the general population in the geographic
area as required by section 1902(a)(30)(A) of the Social Security Act.
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(d) The commissioner must not reimburse:
(1) unauthorized service delivery;
(2) services provided under a receipt of a special
grant;
(3) services provided under contract to a local school
district;
(4) extended employment services under Minnesota Rules,
parts 3300.2005 to 3300.3100, or vocational rehabilitation services provided
under the federal Rehabilitation Act, as amended, Title I, section 110, or
Title VI-C, and not through use of medical assistance or county social service
funds; or
(5) services provided to a client by a licensed medical,
therapeutic, or rehabilitation practitioner or any other vendor of medical care
which are billed separately on a fee-for-service basis.
Subd. 5.
County and tribal provider
contract elimination. County
and tribal contracts with providers of home and community-based waiver services
provided under sections 256B.0913, 256B.0915, 256B.092, and 256B.49 are
eliminated effective January 1, 2014.
Subd. 6.
Program standards. The commissioner of human services
must establish uniform program standards for services identified in chapter
245D for persons with disabilities and people age 65 and older. The commissioner must grant licenses
according to the provisions of chapter 245A.
Subd. 7.
Applicant and license holder
training. An applicant or
license holder that is not enrolled as a Minnesota health care program home and
community-based services waiver provider at the time of application must ensure
that at least one controlling individual completes a onetime training on the
requirements for providing home and community-based services from a qualified
source as determined by the commissioner, before a provider is enrolled or
license is issued.
EFFECTIVE DATE. This section is effective the day
following final enactment.
Sec. 27. [256B.4913] PAYMENT METHODOLOGY
DEVELOPMENT.
Subdivision 1. Research period and rates. (a) For the purposes of this section,
"research rate" means a proposed payment rate for the provision of
home and community-based waivered services to meet federal requirements and
assess the implications of changing resources on the provision of services and
"research period" means the time period during which the research
rate is being assessed by the commissioner.
(b) The commissioner shall determine and publish initial
frameworks and values to generate research rates for individuals receiving home
and community-based services.
(c) The initial values issued by the commissioner shall
ensure projected spending for home and community-based services for each
service area is equivalent to projected spending under current law in the most
recent expenditure forecast.
(d) The initial values issued shall be based on the most
updated information and cost data available on supervision, employee-related
costs, client programming and supports, programming planning supports,
transportation, administrative overhead, and utilization costs. These service areas are:
(1) residential services, defined as corporate foster
care, family foster care, residential care, supported living services,
customized living, and 24-hour customized living;
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(2) day program services, defined as
adult day care, day training and habilitation, prevocational services,
structured day services, and transportation;
(3) unit-based services with programming,
defined as in-home family support, independent living services, supported
living services, supported employment, behavior programming, and housing access
coordination; and
(4) unit-based services without
programming, defined as respite, personal support, and night supervision.
(e) The commissioner shall make available
the underlying assessment information, without any identifying information, and
the statistical modeling used to generate the initial research rate and
calculate budget neutrality.
Subd. 2. Framework values. (a) The commissioner shall propose
legislation with the specific payment methodology frameworks,
process for calculation, and specific values to populate the frameworks by
February 15, 2013.
(b) The commissioner shall provide
underlying data and information used to formulate the final frameworks and
values to the existing stakeholder workgroup by January 15, 2013.
(c) The commissioner shall provide
recommendations for the final frameworks and values, and the basis for the
recommendations to the legislative committees with jurisdiction over health and
human services finance by February 15, 2013.
(d) The commissioner shall review the
following topics during the research period and propose, as necessary,
recommendations to address the following research questions:
(1) underlying differences in the cost to
provide services throughout the state;
(2) a data-driven process for determining
labor costs and customizations for staffing classifications included in each
rate framework based on the services performed;
(3) the allocation of resources
previously established under section 256B.501, subdivision 4b;
(4) further definition and development of
unit-based services;
(5) the impact of splitting the
allocation of resources for unit-based services for those with programming
aspects and those without;
(6) linking assessment criteria to future
assessment processes for determination of customizations;
(7) recognition of cost differences in
the use of monitoring technology where it is appropriate to substitute for
supervision;
(8) implications for day services of
reimbursement based on a unit rate and a daily rate;
(9) a definition of shared and individual
staffing for unit-based services;
(10) the underlying costs of providing transportation
associated with day services; and
(11) an exception process for individuals
with exceptional needs that cannot be met under the initial research rate, and
an alternative payment structure for those individuals.
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(e) The commissioner shall develop a comprehensive plan
based on information gathered during the research period that uses statistically
reliable and valid assessment data to refine payment methodologies.
(f) The commissioner shall make recommendations and
provide underlying data and information used to formulate these research
recommendations to the existing stakeholder workgroup by January 15, 2013.
Subd. 3. Data collection. (a) The commissioner shall conduct any
necessary research and gather additional data for the further development and
refinement of payment methodology components.
These include but are not limited to:
(1) levels of service utilization and patterns of use;
(2) staffing patterns for each service;
(3) profile of individual service needs; and
(4) cost factors involved in providing transportation
services.
(b) The commissioner shall provide this information to the
existing stakeholder workgroup by January 15, 2013.
Subd. 4. Rate stabilization adjustment. Beginning January 1, 2014, the
commissioner shall adjust individual rates determined by the new payment
methodology so that the new rate varies no more than one percent per year from
the rate effective on December 31 of the prior calendar year. This adjustment is made annually and is
effective for three calendar years from the date of implementation. This subdivision expires January 1, 2017.
Subd. 5. Stakeholder consultation. The commissioner shall continue
consultation on regular intervals with the existing stakeholder group
established as part of the rate-setting methodology process to gather input,
concerns, data, and exchange ideas for the legislative proposals for the new
rate payment system and make pertinent information available to the public
through the department's Web site.
Subd. 6. Implementation. The commissioner may implement changes
no sooner than January 1, 2014, to payment rates for individuals receiving home
and community-based waivered services after the enactment of legislation that
establishes specific payment methodology frameworks, processes for rate
calculations, and specific values to populate the payment methodology
frameworks.
EFFECTIVE DATE. This section is effective the day following final enactment."
Delete the title and insert:
"A bill for an act relating to state government; making changes to health and human services policy provisions; modifying provisions related to children and family services, child support, child care, continuing care, disability services, the telephone equipment program, chemical and mental health, health care, human services licensing, licensing data, and the Office of Inspector General; providing for child safety and permanency reform including adoptions under guardianship of the commissioner; reforming comprehensive assessment and case management services; amending the Human Services Background Study Act; establishing home and community-based services standards; developing payment methodologies; modifying municipal license provisions; requiring data sharing with the Department of Human Services; requiring eligibility determinations; modifying fees; providing criminal penalties; making technical changes; requiring reports; amending Minnesota Statutes 2010, sections 13.46, subdivisions 2, 3, 4; 13.461, subdivision 17; 13.465, by adding a subdivision; 13.82, subdivision 1; 119B.09, subdivision 7; 119B.12, subdivisions 1, 2; 119B.125, subdivisions 1a, 2, 6; 119B.13, subdivision 6; 144A.071, subdivision 5a; 145.902; 237.50; 237.51; 237.52; 237.53; 237.54; 237.55; 237.56; 245.461, by adding a subdivision; 245.462, subdivision 20; 245.487, by adding a subdivision; 245.4871, subdivision 15; 245.4932, subdivision 1;
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245A.03, subdivision 2, by adding a subdivision; 245A.04, subdivisions 1, 7, 11, by adding subdivisions; 245A.041, by adding subdivisions; 245A.05; 245A.07, subdivision 3; 245A.085; 245A.11, subdivisions 2a, 8; 245A.14, subdivision 11, by adding a subdivision; 245A.146, subdivisions 2, 3; 245A.18, subdivision 1; 245A.22, subdivision 2; 245A.66, subdivisions 2, 3; 245B.02, subdivision 10, by adding a subdivision; 245B.04, subdivisions 1, 2, 3; 245B.05, subdivision 1; 245B.07, subdivisions 5, 9, 10, by adding a subdivision; 245C.03, subdivision 1; 245C.04, subdivision 1; 245C.05, subdivisions 2, 4, 7, by adding a subdivision; 245C.07; 245C.08, subdivision 1; 245C.14, subdivision 2; 245C.16, subdivision 1; 245C.17, subdivision 2; 245C.22, subdivision 5; 245C.23, subdivision 2; 246.53, by adding a subdivision; 252.32, subdivision 1a; 252A.21, subdivision 2; 256.476, subdivision 11; 256.9657, subdivision 1; 256.998, subdivisions 1, 5; 256B.04, subdivision 14; 256B.056, subdivision 3c; 256B.0595, subdivision 2; 256B.0625, subdivisions 13, 13d, 19c, 42; 256B.0659, subdivisions 1, 2, 3, 3a, 4, 9, 13, 14, 19, 21, 30; 256B.0911, subdivisions 1, 2b, 2c, 3, 3b, 4c, 6; 256B.0913, subdivisions 7, 8; 256B.0915, subdivisions 1a, 1b, 3c, 6; 256B.0916, subdivision 7; 256B.092, subdivisions 1, 1a, 1b, 1e, 1g, 2, 3, 5, 7, 8, 8a, 9, 11; 256B.096, subdivision 5; 256B.15, subdivisions 1c, 1f; 256B.19, subdivision 1c; 256B.441, subdivisions 13, 31, 53; 256B.49, subdivisions 13, 21; 256B.4912; 256B.69, subdivision 5; 256F.13, subdivision 1; 256G.02, subdivision 6; 256J.08, subdivision 11; 256J.24, subdivisions 2, 5; 256J.32, subdivision 6; 256J.575, subdivisions 1, 2, 5, 6, 8; 256J.621; 256J.68, subdivision 7; 256J.95, subdivision 3; 256L.05, subdivision 3; 257.01; 257.75, subdivision 7; 259.22, subdivision 2; 259.23, subdivision 1; 259.24, subdivisions 1, 3, 5, 6a, 7; 259.29, subdivision 2; 259.69; 259.73; 260.012; 260C.001; 260C.007, subdivision 4, by adding subdivisions; 260C.101, subdivision 2; 260C.157, subdivision 1; 260C.163, subdivisions 1, 4; 260C.178, subdivisions 1, 7; 260C.193, subdivisions 3, 6; 260C.201, subdivisions 2, 10, 11a; 260C.212, subdivisions 1, 2, 5, 7; 260C.215, subdivisions 4, 6; 260C.217; 260C.301, subdivisions 1, 8; 260C.317, subdivisions 3, 4; 260C.325, subdivisions 1, 3, 4; 260C.328; 260C.451; 260D.08; 471.709; 514.982, subdivision 1; 518A.40, subdivision 4; 518C.205; 541.04; 548.09, subdivision 1; 609.3785; 626.556, subdivisions 2, 10, 10e, 10f, 10i, 10k, 11; Minnesota Statutes 2011 Supplement, sections 119B.13, subdivision 1; 125A.21, subdivision 7; 144A.071, subdivisions 3, 4a; 245A.03, subdivision 7; 254B.04, subdivision 2a; 256.01, subdivision 14b; 256B.04, subdivision 21; 256B.056, subdivision 3; 256B.057, subdivision 9; 256B.0625, subdivisions 13e, 13h, 14, 56; 256B.0631, subdivisions 1, 2; 256B.0659, subdivision 11; 256B.0911, subdivisions 1a, 3a, 4a; 256B.0915, subdivision 10; 256B.49, subdivisions 14, 15; 256B.69, subdivisions 5a, 28; 256L.12, subdivision 9; 256L.15, subdivision 1; 626.557, subdivision 9; 626.5572, subdivision 13; Laws 2009, chapter 79, article 8, section 81, as amended; proposing coding for new law in Minnesota Statutes, chapters 245A; 252; 256B; 260C; 611; proposing coding for new law as Minnesota Statutes, chapters 245D; 259A; repealing Minnesota Statutes 2010, sections 256.01, subdivision 18b; 256.022; 256B.431, subdivisions 2c, 2g, 2i, 2j, 2k, 2l, 2o, 3c, 11, 14, 17b, 17f, 19, 20, 25, 27, 29; 256B.434, subdivisions 4a, 4b, 4c, 4d, 4e, 4g, 4h, 7, 8; 256B.435; 256B.436; 259.67; 259.71; 260C.201, subdivision 11; 260C.215, subdivision 2; 260C.456; Minnesota Statutes 2011 Supplement, section 256B.431, subdivision 26; Minnesota Rules, parts 9555.7700; 9560.0071; 9560.0082; 9560.0083; 9560.0091; 9560.0093, subparts 1, 3, 4; 9560.0101; 9560.0102."
With the recommendation that when so amended the bill pass.
The
report was adopted.
SECOND READING OF HOUSE BILLS
H. F. Nos. 1191, 2456 and
2690 were read for the second time.
SECOND READING
OF SENATE BILLS
S. F. Nos. 1689 and 1675 were
read for the second time.
Journal of the House - 98th Day - Monday, April 2, 2012 -
Top of Page 8092
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The
following House Files were introduced:
Hackbarth introduced:
H. F. No. 2988, A bill for an act relating to local
government; limiting fees and charges related to housing and vacant buildings;
preempting municipal ordinances on hazardous buildings; creating a Citizen Housing
Review Board; amending Minnesota Statutes 2010, sections 429.101, subdivision
1; 462.3612, subdivision 2; proposing coding for new law in Minnesota Statutes,
chapters 463; 471; repealing Minnesota Statutes 2010, section 463.26.
The bill was read for the first time and referred to the
Committee on Government Operations and Elections.
Dettmer introduced:
H. F. No. 2989, A bill for an act relating to taxation; city
of Forest Lake and the Forest Lake Economic Development Authority; authorizing
use of tax increment financing; extending authority.
The bill was read for the first time and referred to the
Committee on Taxes.
Hilty introduced:
H. F. No. 2990, A bill for an act relating to taxation;
property; modifying property classifications; amending Minnesota Statutes 2011
Supplement, section 273.13, subdivision 23.
The bill was read for the first time and referred to the
Committee on Taxes.
Davids introduced:
H. F. No. 2991, A bill for an act relating to education;
appropriating money for the Rushford-Peterson school district for a new school
to replace an aged school extensively damaged by flood water.
The bill was read for the first time and referred to the
Committee on Education Finance.
MESSAGES
FROM THE SENATE
The
following messages were received from the Senate:
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:
Journal of the
House - 98th Day - Monday, April 2, 2012 - Top of Page 8093
H. F. No. 2676, A bill for an act relating to health; modifying eligibility for grants; amending Minnesota Statutes 2010, section 145.4235, subdivision 2.
Cal R. Ludeman, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:
H. F. No. 1923, A bill for an act relating to waters; requiring water supply demand reduction measures; amending Minnesota Statutes 2010, section 103G.291, subdivisions 3, 4.
The Senate has appointed as such committee:
Senators Pederson, Carlson and Tomassoni.
Said House File is herewith returned to the House.
Colleen J. Pacheco, First Assistant Secretary of the Senate
Mr. Speaker:
I have the honor to inform the House of Representatives that the Senate is ready to meet with the House in a Joint Convention at 6:00 p.m., Wednesday, April 4, 2012, for the purpose of electing members to the Board of Regents of the University of Minnesota.
Cal R. Ludeman, Secretary of the Senate
Mr. Speaker:
I hereby announce the adoption by the Senate of the following House Concurrent Resolution, herewith returned:
House Concurrent Resolution No. 6, A House concurrent resolution relating to adjournment for more than three days.
Cal R. Ludeman, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:
H. F. No. 2337, A bill for an act relating to financing of state and local government; making changes to individual income, corporate franchise, property, sales and use, mineral, liquor, aggregate materials, local, and other taxes and tax-related provisions; changing and providing income and franchise tax credits, exemptions, and deductions; providing for taxation of foreign operating companies; providing a corporate tax benefit transfer
Journal of the
House - 98th Day - Monday, April 2, 2012 - Top of Page 8094
program; changing certain mining tax rates and allocation of tax proceeds; changing property tax interest, credits, and exemptions, and providing for use of a local levy; phasing out the state general levy; modifying the renter property tax refund and providing a supplemental targeting refund; modifying city aid payments; modifying tax increment financing district requirements; authorizing, changing, and extending tax increment financing districts in certain local governments; changing sales and use tax payment requirements and changing and providing exemptions; modifying use of revenues and authorizing extension of certain sales and lodging taxes for certain cities; changing liquor tax reporting and credits; allocating funds to border city enterprise zones; authorizing certain local governments to issue public debt; establishing a truth in taxation task force; establishing a tax reform action committee; establishing a greater Minnesota internship program; requiring reports; requiring a funds transfer appropriating money; amending Minnesota Statutes 2010, sections 116J.8737, subdivisions 5, 8, by adding a subdivision; 273.113; 275.025, subdivisions 1, 2, 4; 279.03, subdivisions 1a, 2; 289A.08, subdivision 3; 289A.20, subdivision 4; 290.01, subdivisions 19d, 29; 290.06, by adding subdivisions; 290.068, subdivision 1; 290.17, subdivision 4; 290.21, subdivision 4; 290A.04, subdivision 2a, by adding a subdivision; 290A.23, subdivision 1; 290B.07; 290B.08, subdivision 2; 297A.68, subdivision 5; 297A.70, subdivision 4, by adding a subdivision; 297A.8155; 297G.04, subdivision 2; 298.018, subdivision 1; 298.28, subdivision 4; 298.75, by adding a subdivision; 469.169, by adding a subdivision; 477A.011, subdivision 36; 477A.013, by adding a subdivision; Minnesota Statutes 2011 Supplement, sections 116J.8737, subdivisions 1, 2; 290.01, subdivision 19c; 290A.03, subdivisions 11, 13; 290A.04, subdivision 4; 298.01, subdivision 3; 298.015, subdivision 1; 298.28, subdivision 2; 469.176, subdivisions 4c, 4m; 469.1763, subdivision 2; 477A.013, subdivision 9; Laws 1971, chapter 773, section 1, subdivision 2, as amended; Laws 1988, chapter 645, section 3, as amended; Laws 1998, chapter 389, article 8, section 43, subdivision 3, as amended; Laws 2002, chapter 377, article 3, section 25, as amended; Laws 2003, chapter 127, article 12, section 28; Laws 2005, First Special Session chapter 3, article 5, section 37, subdivisions 2, 4; Laws 2008, chapter 366, article 5, section 34, as amended; article 7, section 19, subdivision 3, as amended; Laws 2010, chapter 389, article 1, section 12; proposing coding for new law in Minnesota Statutes, chapters 116J; 136A; repealing Minnesota Statutes 2010, section 290.0921, subdivision 7; Minnesota Statutes 2011 Supplement, section 289A.60, subdivision 31; Laws 2009, chapter 88, article 4, section 23, as amended.
Colleen J. Pacheco, First Assistant Secretary of the Senate
Davids moved that the House refuse to
concur in the Senate amendments to H. F. No. 2337, that the
Speaker appoint a Conference Committee of 5 members of the House, and that the
House requests that a like committee be appointed by the Senate to confer on
the disagreeing votes of the two houses.
The motion prevailed.
Mr.
Speaker:
I hereby announce the passage by the Senate
of the following Senate File, herewith transmitted:
S. F. No. 1957.
Cal R. Ludeman,
Secretary of the Senate
FIRST READING OF SENATE BILLS
S. F. No. 1957, A bill for an act relating to job creation; providing for permit management and coordination; requiring centralized electronic accessibility to permit applications and documentation; proposing coding for new law in Minnesota Statutes, chapter 116J.
The bill was read for the first time and referred to the Committee on Jobs and Economic Development Finance.
Journal of the
House - 98th Day - Monday, April 2, 2012 - Top of Page 8095
REPORT FROM THE COMMITTEE ON
RULES
AND LEGISLATIVE ADMINISTRATION
Dean 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 April 2, 2012:
H. F. No.
1774; S. F. Nos. 2184, 2342 and 1934; H. F. No. 1595; S. F. No. 1993; H. F. No.
2335; S. F. Nos. 1793,
248, 1815 and 1809; H. F. Nos. 2861 and 1670; S. F. Nos. 2137 and 1860; and H.
F. Nos. 2476 and 2705.
CALENDAR FOR
THE DAY
S. F. No. 2297, A bill for an act relating to crime victims; establishing Jacob's law; requiring notification by law enforcement to social services if a child is neglected or abused outside the home; amending parental rights under custody orders to include police reports on minor children; amending Minnesota Statutes 2010, sections 518.17, subdivision 3; 626.556, subdivision 10a.
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 122 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Allen
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Banaian
Beard
Benson, J.
Benson, M.
Bills
Brynaert
Buesgens
Carlson
Champion
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dill
Dittrich
Doepke
Downey
Drazkowski
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gauthier
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Kriesel
Laine
Lanning
Leidiger
LeMieur
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Lohmer
Loon
Mahoney
Mariani
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Melin
Moran
Morrow
Mullery
Murdock
Murphy, E.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Paymar
Pelowski
Peppin
Persell
Petersen, B.
Poppe
Quam
Rukavina
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Simon
Slawik
Slocum
Smith
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Vogel
Wagenius
Ward
Wardlow
Winkler
Woodard
Spk. Zellers
The
bill was passed and its title agreed to.
The
following Conference Committee Report was received:
Journal of the
House - 98th Day - Monday, April 2, 2012 - Top of Page 8096
CONFERENCE COMMITTEE REPORT ON H. F. NO. 2083
A bill for an act relating to education; providing funding and modifying certain early, adult, and kindergarten through grade 12 education provisions, including general education, education excellence, special programs, facilities and technology, nutrition and accounting, libraries, and prevention; providing education forecast adjustments; appropriating money; amending Minnesota Statutes 2010, sections 122A.40, subdivisions 10, 11, 13, 19; 122A.41, subdivisions 14, 15; 123A.75, subdivision 1; 123B.41, by adding a subdivision; 123B.42; 123B.43; 124D.111, subdivision 3; 124D.518, subdivision 3, by adding a subdivision; 124D.531, by adding a subdivision; 126C.10, subdivision 28; Minnesota Statutes 2011 Supplement, sections 122A.245, subdivision 1; 122A.41, subdivision 6; 123B.41, subdivision 2; 124D.11, subdivision 9; 127A.33; 127A.45, subdivision 2; Laws 2011, First Special Session chapter 11, article 1, section 36, subdivisions 2, 3, 4, 5, 6, 7, 10; article 2, section 50, subdivisions 2, 3, 4, 5, 6, 7, 9; article 3, section 11, subdivisions 2, 3, 4, 5, 6; article 4, section 10, subdivisions 2, 3, 4, 6; article 5, section 12, subdivisions 2, 3, 4; article 6, section 2, subdivisions 2, 3, 5; article 7, section 2, subdivisions 2, 3, 4; article 8, section 2, subdivisions 2, 3; article 9, section 3, subdivision 2; repealing Minnesota Statutes 2010, sections 124D.135, subdivisions 8, 9; 124D.16, subdivisions 6, 7; 124D.20, subdivisions 11, 12.
March 28, 2012
The Honorable Kurt Zellers
Speaker of the House of Representatives
The Honorable Michelle L. Fischbach
President of the Senate
We, the undersigned conferees for H. F. No. 2083 report that we have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendments and that H. F. No. 2083 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2011 Supplement, section 123B.54, is amended to read:
123B.54 DEBT SERVICE
APPROPRIATION.
(a) $11,022,000 in fiscal year 2012, $19,484,000 in fiscal
year 2013, $23,588,000 $22,103,000 in fiscal year 2014, and $23,967,000
$24,219,000 in fiscal year 2015 and later are appropriated from the
general fund to the commissioner of education for payment of debt service
equalization aid under section 123B.53.
(b) The appropriations in paragraph (a) must be reduced by the amount of any money specifically appropriated for the same purpose in any year from any state fund.
Sec. 2. Minnesota Statutes 2011 Supplement, section 127A.45, subdivision 2, is amended to read:
Subd. 2. Definitions. (a) "Other district receipts" means payments by county treasurers pursuant to section 276.10, apportionments from the school endowment fund pursuant to section 127A.33, apportionments by the county auditor pursuant to section 127A.34, subdivision 2, and payments to school districts by the commissioner of revenue pursuant to chapter 298.
(b) "Cumulative amount guaranteed" means the product of
(1) the cumulative disbursement percentage shown in subdivision 3; times
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House - 98th Day - Monday, April 2, 2012 - Top of Page 8097
(2) the sum of
(i) the current year aid payment percentage of the estimated aid and credit entitlements paid according to subdivision 13; plus
(ii) 100 percent of the entitlements paid according to subdivisions 11 and 12; plus
(iii) the other district receipts.
(c) "Payment date" means the date on which state payments to districts are made by the electronic funds transfer method. If a payment date falls on a Saturday, a Sunday, or a weekday which is a legal holiday, the payment shall be made on the immediately preceding business day. The commissioner may make payments on dates other than those listed in subdivision 3, but only for portions of payments from any preceding payment dates which could not be processed by the electronic funds transfer method due to documented extenuating circumstances.
(d) The current year aid payment percentage
equals 73 in fiscal year 2010 and 70 in fiscal year 2011, and 60 70.2
in fiscal years year 2012 and later.
Sec. 3. Laws 2011, First Special Session chapter 11, article 1, section 36, subdivision 2, is amended to read:
Subd. 2. General education aid. For general education aid under Minnesota Statutes, section 126C.13, subdivision 4:
|
|
|
$ |
. . . . . |
2012 |
|
|
|
$ |
. . . . . |
2013 |
The 2012 appropriation includes $1,678,539,000
$1,660,922,000 for 2011 and $3,433,498,000 $4,059,783,000
for 2012.
The 2013 appropriation includes $2,297,765,000
$1,696,931,000 for 2012 and $3,552,300,000 $4,157,633,000
for 2013.
Sec. 4. Laws 2011, First Special Session chapter 11, article 1, section 36, subdivision 3, is amended to read:
Subd. 3. Enrollment options transportation. For transportation of pupils attending postsecondary institutions under Minnesota Statutes, section 124D.09, or for transportation of pupils attending nonresident districts under Minnesota Statutes, section 124D.03:
|
|
|
$ |
. . . . . |
2012 |
|
|
|
$ |
. . . . . |
2013 |
Sec. 5. Laws 2011, First Special Session chapter 11, article 1, section 36, subdivision 4, is amended to read:
Subd. 4. Abatement revenue. For abatement aid under Minnesota Statutes, section 127A.49:
|
|
|
$ |
. . . . . |
2012 |
|
|
|
$ |
. . . . . |
2013 |
The 2012 appropriation includes $346,000
for 2011 and $948,000 $1,157,000 for 2012.
The 2013 appropriation includes $631,000
$491,000 for 2012 and $996,000 $1,620,000 for 2013.
Journal of the
House - 98th Day - Monday, April 2, 2012 - Top of Page 8098
Sec. 6. Laws 2011, First Special Session chapter 11, article 1, section 36, subdivision 5, is amended to read:
Subd. 5. Consolidation transition. For districts consolidating under Minnesota Statutes, section 123A.485:
|
|
|
$ 145,000 |
. . . . . |
2012 |
|
|
|
$ |
. . . . . |
2013 |
The 2012 appropriation includes $145,000 for 2011 and $0 for 2012.
The 2013 appropriation includes $0 for
2012 and $180,000 $211,000 for 2013.
Sec. 7. Laws 2011, First Special Session chapter 11, article 1, section 36, subdivision 6, is amended to read:
Subd. 6. Nonpublic pupil education aid. For nonpublic pupil education aid under Minnesota Statutes, sections 123B.40 to 123B.43 and 123B.87:
|
|
|
$ |
. . . . . |
2012 |
|
|
|
$ |
. . . . . |
2013 |
The 2012 appropriation includes $5,078,000
$4,161,000 for 2011 and $9,520,000 $11,071,000 for 2012.
The 2013 appropriation includes $6,346,000
$4,699,000 for 2012 and $9,852,000 $10,879,000 for 2013.
Sec. 8. Laws 2011, First Special Session chapter 11, article 1, section 36, subdivision 7, is amended to read:
Subd. 7. Nonpublic pupil transportation. For nonpublic pupil transportation aid under Minnesota Statutes, section 123B.92, subdivision 9:
|
|
|
$ |
. . . . . |
2012 |
|
|
|
$ |
. . . . . |
2013 |
The 2012 appropriation includes $5,895,000
$5,700,000 for 2011 and $11,283,000 $13,164,000 for 2012.
The 2013 appropriation includes $7,521,000
$5,587,000 for 2012 and $11,535,000 $13,474,000 for 2013.
Sec. 9. Laws 2011, First Special Session chapter 11, article 1, section 36, subdivision 10, is amended to read:
Subd. 10. Compensatory pilot project formula aid. For grants for compensatory pilot project formula aid as calculated under this subdivision:
|
|
|
$ |
. . . . . |
2013 |
For fiscal year 2013 only, a district which has a pupil unit count that is in the top 20 largest pupil unit counts is eligible for the greater of zero or $1,400 times the number of compensatory pupil units, minus the amount of compensatory education revenue received by the district under Minnesota Statutes, section 126C.10, subdivision 3.
The 2013 appropriation includes $0 for
2012 and $9,776,000 $10,228,000 for 2013.
This is a onetime appropriation.
Journal of the
House - 98th Day - Monday, April 2, 2012 - Top of Page 8099
Sec. 10. Laws 2011, First Special Session chapter 11, article 2, section 50, subdivision 2, is amended to read:
Subd. 2. Charter school building lease aid. For building lease aid under Minnesota Statutes, section 124D.11, subdivision 4:
|
|
|
$ |
. . . . . |
2012 |
|
|
|
$ |
. . . . . |
2013 |
The 2012 appropriation includes $13,336,000
$12,642,000 for 2011 and $29,867,000 $32,931,000 for 2012.
The 2013 appropriation includes $19,910,000
$13,979,000 for 2012 and $32,449,000 $35,189,000 for 2013.
Sec. 11. Laws 2011, First Special Session chapter 11, article 2, section 50, subdivision 3, is amended to read:
Subd. 3. Charter school start-up aid. For charter school start-up cost aid under Minnesota Statutes, section 124D.11, subdivision 8:
|
|
|
$ |
. . . . . |
2012 |
|
|
|
$ |
. . . . . |
2013 |
The 2012 appropriation includes $119,000
for 2011 and $52,000 $45,000 for 2012.
The 2013 appropriation includes $34,000
$19,000 for 2012 and $0 for 2013.
Sec. 12. Laws 2011, First Special Session chapter 11, article 2, section 50, subdivision 4, is amended to read:
Subd. 4. Integration aid. For integration aid under Minnesota Statutes, section 124D.86:
|
|
|
$ |
. . . . . |
2012 |
|
|
|
$ |
. . . . . |
2013 |
The 2012 appropriation includes $19,272,000
for 2011 and $40,327,000 $45,755,000 for 2012.
The 2013 appropriation includes $26,884,000
$19,422,000 for 2012 and $40,548,000 $46,104,000 for 2013.
The base for the final payment in fiscal year
2014 for fiscal year 2013 is $34,828,000 $27,794,000.
Sec. 13. Laws 2011, First Special Session chapter 11, article 2, section 50, subdivision 5, is amended to read:
Subd. 5. Literacy incentive aid. For literacy incentive aid under Minnesota Statutes, section 124D.98:
|
|
|
$ |
. . . . . |
2013 |
The 2013 appropriation includes $0 for 2012
and $29,151,000 $34,107,000 for 2013.
Sec. 14. Laws 2011, First Special Session chapter 11, article 2, section 50, subdivision 6, is amended to read:
Subd. 6. Interdistrict desegregation or integration transportation grants. For interdistrict desegregation or integration transportation grants under Minnesota Statutes, section 124D.87:
|
|
|
$ |
. . . . . |
2012 |
|
|
|
$ |
. . . . . |
2013 |
Journal of the
House - 98th Day - Monday, April 2, 2012 - Top of Page 8100
Sec. 15. Laws 2011, First Special Session chapter 11, article 2, section 50, subdivision 7, is amended to read:
Subd. 7. Success for the future. For American Indian success for the future grants under Minnesota Statutes, section 124D.81:
|
|
|
$ |
. . . . . |
2012 |
|
|
|
$2,137,000 |
. . . . . |
2013 |
The 2012 appropriation includes $641,000
$638,000 for 2011 and $1,283,000 $1,501,000 for 2012.
The 2013 appropriation includes $854,000
$636,000 for 2012 and $1,283,000 $1,501,000 for 2013.
Sec. 16. Laws 2011, First Special Session chapter 11, article 2, section 50, subdivision 9, is amended to read:
Subd. 9. Tribal contract schools. For tribal contract school aid under Minnesota Statutes, section 124D.83:
|
|
|
$ |
. . . . . |
2012 |
|
|
|
$ |
. . . . . |
2013 |
The 2012 appropriation includes $600,000
for 2011 and $1,283,000 $1,300,000 for 2012.
The 2013 appropriation includes $855,000
$551,000 for 2012 and $1,351,000 $1,429,000 for 2013.
Sec. 17. Laws 2011, First Special Session chapter 11, article 3, section 11, subdivision 2, is amended to read:
Subd. 2. Special education; regular. For special education aid under Minnesota Statutes, section 125A.75:
|
|
|
$ |
. . . . . |
2012 |
|
|
|
$ |
. . . . . |
2013 |
The 2012 appropriation includes
$235,975,000 for 2011 and $496,683,000 $580,673,000 for 2012.
The 2013
appropriation includes $331,121,000 $246,496,000 for 2012 and $524,484,000
$612,571,000 for 2013.
Sec. 18. Laws 2011, First Special Session chapter 11, article 3, section 11, subdivision 3, is amended to read:
Subd. 3. Aid for children with disabilities. For aid under Minnesota Statutes, section 125A.75, subdivision 3, for children with disabilities placed in residential facilities within the district boundaries for whom no district of residence can be determined:
|
|
|
$ |
. . . . . |
2012 |
|
|
|
$ |
. . . . . |
2013 |
If the appropriation for either year is insufficient, the appropriation for the other year is available.
Sec. 19. Laws 2011, First Special Session chapter 11, article 3, section 11, subdivision 4, is amended to read:
Subd. 4. Travel for home-based services. For aid for teacher travel for home-based services under Minnesota Statutes, section 125A.75, subdivision 1:
|
|
|
$ |
. . . . . |
2012 |
|
|
|
$ |
. . . . . |
2013 |
The 2012 appropriation includes $107,000
for 2011 and $215,000 $226,000 for 2012.
The 2013 appropriation includes $142,000
$95,000 for 2012 and $216,000 $226,000 for 2013.
Journal of the
House - 98th Day - Monday, April 2, 2012 - Top of Page 8101
Sec. 20. Laws 2011, First Special Session chapter 11, article 3, section 11, subdivision 5, is amended to read:
Subd. 5. Special education; excess costs. For excess cost aid under Minnesota Statutes, section 125A.79, subdivision 7:
|
|
|
$ |
. . . . . |
2012 |
|
|
|
$ |
. . . . . |
2013 |
The 2012 appropriation includes $53,449,000
for 2011 and $50,529,000 $59,073,000 for 2012.
The 2013 appropriation includes $63,273,000
$54,642,000 for 2012 and $52,031,000 $60,769,000 for 2013.
Sec. 21. Laws 2011, First Special Session chapter 11, article 3, section 11, subdivision 6, is amended to read:
Subd. 6. Court-placed special education revenue. For reimbursing serving school districts for unreimbursed eligible expenditures attributable to children placed in the serving school district by court action under Minnesota Statutes, section 125A.79, subdivision 4:
|
|
|
$ |
. . . . . |
2012 |
|
|
|
$ |
. . . . . |
2013 |
Sec. 22. Laws 2011, First Special Session chapter 11, article 4, section 10, subdivision 2, is amended to read:
Subd. 2. Health and safety revenue. For health and safety aid according to Minnesota Statutes, section 123B.57, subdivision 5:
|
|
|
$ |
. . . . . |
2012 |
|
|
|
$ |
. . . . . |
2013 |
The 2012 appropriation includes $39,000 for
2011 and $72,000 $64,000 for 2012.
The 2013 appropriation includes $48,000
$27,000 for 2012 and $66,000 $137,000 for 2013.
Sec. 23. Laws 2011, First Special Session chapter 11, article 4, section 10, subdivision 3, is amended to read:
Subd. 3. Debt service equalization. For debt service aid according to Minnesota Statutes, section 123B.53, subdivision 6:
|
|
|
$ |
. . . . . |
2012 |
|
|
|
$ |
. . . . . |
2013 |
The 2012 appropriation includes $2,604,000
for 2011 and $8,418,000 $9,849,000 for 2012.
The 2013 appropriation includes $5,611,000
$4,180,000 for 2012 and $13,873,000 $12,374,000 for 2013.
Sec. 24. Laws 2011, First Special Session chapter 11, article 4, section 10, subdivision 4, is amended to read:
Subd. 4. Alternative facilities bonding aid. For alternative facilities bonding aid, according to Minnesota Statutes, section 123B.59, subdivision 1:
|
|
|
$ |
. . . . . |
2012 |
|
|
|
$19,287,000 |
. . . . . |
2013 |
Journal of the
House - 98th Day - Monday, April 2, 2012 - Top of Page 8102
The 2012 appropriation includes $5,786,000 $5,785,000
for 2011 and $11,573,000 $13,540,000 for 2012.
The 2013 appropriation includes $7,714,000 $5,747,000
for 2012 and $11,573,000 $13,540,000 for 2013.
Sec. 25. Laws 2011, First Special Session chapter 11, article 4, section 10, subdivision 6, is amended to read:
Subd. 6. Deferred maintenance aid. For deferred maintenance aid, according to Minnesota Statutes, section 123B.591, subdivision 4:
|
|
|
$ |
. . . . . |
2012 |
|
|
|
$ |
. . . . . |
2013 |
The 2012 appropriation includes $676,000 for 2011 and $1,558,000
$1,807,000 for 2012.
The 2013 appropriation includes $1,038,000 $766,000
for 2012 and $1,934,000 $2,427,000 for 2013.
Sec. 26. Laws 2011, First Special Session chapter 11, article 5, section 12, subdivision 2, is amended to read:
Subd. 2. School lunch. For school lunch aid according to Minnesota Statutes, section 124D.111, and Code of Federal Regulations, title 7, section 210.17:
|
|
|
$ |
. . . . . |
2012 |
|
|
|
$ |
. . . . . |
2013 |
Sec. 27. Laws 2011, First Special Session chapter 11, article 5, section 12, subdivision 3, is amended to read:
Subd. 3. School breakfast. For traditional school breakfast aid under Minnesota Statutes, section 124D.1158:
|
|
|
$ |
. . . . . |
2012 |
|
|
|
$ |
. . . . . |
2013 |
Sec. 28. Laws 2011, First Special Session chapter 11, article 5, section 12, subdivision 4, is amended to read:
Subd. 4. Kindergarten milk. For kindergarten milk aid under Minnesota Statutes, section 124D.118:
|
|
|
$ |
. . . . . |
2012 |
|
|
|
$ |
. . . . . |
2013 |
Sec. 29. Laws 2011, First Special Session chapter 11, article 6, section 2, subdivision 2, is amended to read:
Subd. 2. Basic system support. For basic system support grants under Minnesota Statutes, section 134.355:
|
|
|
$ |
. . . . . |
2012 |
|
|
|
$13,570,000 |
. . . . . |
2013 |
The 2012 appropriation includes $4,071,000 for 2011 and $8,142,000
$9,527,000 for 2012.
The 2013 appropriation includes $5,428,000 $4,043,000
for 2012 and $8,142,000 $9,527,000 for 2013.
Journal of the
House - 98th Day - Monday, April 2, 2012 - Top of Page 8103
Sec. 30. Laws 2011, First Special Session chapter 11, article 6, section 2, subdivision 3, is amended to read:
Subd. 3. Multicounty, multitype library systems. For grants under Minnesota Statutes, sections 134.353 and 134.354, to multicounty, multitype library systems:
|
|
|
$ |
. . . . . |
2012 |
|
|
|
$1,300,000 |
. . . . . |
2013 |
The 2012 appropriation includes $390,000
for 2011 and $780,000 $913,000 for 2012.
The 2013 appropriation includes $520,000
$387,000 for 2012 and $780,000 $913,000 for 2013.
Sec. 31. Laws 2011, First Special Session chapter 11, article 6, section 2, subdivision 5, is amended to read:
Subd. 5. Regional library telecommunications aid. For regional library telecommunications aid under Minnesota Statutes, section 134.355:
|
|
|
$ |
. . . . . |
2012 |
|
|
|
$2,300,000 |
. . . . . |
2013 |
The 2012 appropriation includes $690,000
for 2011 and $1,380,000 $1,615,000 for 2012.
The 2013 appropriation includes $920,000
$685,000 for 2012 and $1,380,000 $1,615,000 for 2013.
Sec. 32. Laws 2011, First Special Session chapter 11, article 7, section 2, subdivision 2, is amended to read:
Subd. 2. School readiness. For revenue for school readiness programs under Minnesota Statutes, sections 124D.15 and 124D.16:
|
|
|
$ |
. . . . . |
2012 |
|
|
|
$10,095,000 |
. . . . . |
2013 |
The 2012 appropriation includes $3,028,000
$2,952,000 for 2011 and $6,057,000 $7,087,000 for 2012.
The 2013 appropriation includes $4,038,000
$3,008,000 for 2012 and $6,057,000 $7,087,000 for 2013.
Sec. 33. Laws 2011, First Special Session chapter 11, article 7, section 2, subdivision 3, is amended to read:
Subd. 3. Early childhood family education aid. For early childhood family education aid under Minnesota Statutes, section 124D.135:
|
|
|
$ |
. . . . . |
2012 |
|
|
|
$ |
. . . . . |
2013 |
The 2012 appropriation includes $6,542,000
for 2011 and $13,649,000 $15,893,000 for 2012.
The 2013 appropriation includes $9,099,000
$6,746,000 for 2012 and $13,878,000 $15,586,000 for 2013.
Journal of the
House - 98th Day - Monday, April 2, 2012 - Top of Page 8104
Sec. 34. Laws 2011, First Special Session chapter 11, article 7, section 2, subdivision 4, is amended to read:
Subd. 4. Health and developmental screening aid. For health and developmental screening aid under Minnesota Statutes, sections 121A.17 and 121A.19:
|
|
|
$ |
. . . . . |
2012 |
|
|
|
$ |
. . . . . |
2013 |
The 2012 appropriation includes $1,066,000
for 2011 and $2,145,000 $2,504,000 for 2012.
The 2013 appropriation includes $1,429,000
$1,062,000 for 2012 and $2,121,000 $2,479,000 for 2013.
Sec. 35. Laws 2011, First Special Session chapter 11, article 8, section 2, subdivision 2, is amended to read:
Subd. 2. Community education aid. For community education aid under Minnesota Statutes, section 124D.20:
|
|
|
$ |
. . . . . |
2012 |
|
|
|
$ |
. . . . . |
2013 |
The 2012 appropriation includes $134,000
for 2011 and $295,000 $336,000 for 2012.
The 2013 appropriation includes $196,000
$142,000 for 2012 and $469,000 $629,000 for 2013.
Sec. 36. Laws 2011, First Special Session chapter 11, article 8, section 2, subdivision 3, is amended to read:
Subd. 3. Adults with disabilities program aid. For adults with disabilities programs under Minnesota Statutes, section 124D.56:
|
|
|
$ |
. . . . . |
2012 |
|
|
|
$710,000 |
. . . . . |
2013 |
The 2012 appropriation includes $213,000
$197,000 for 2011 and $426,000 $499,000 for 2012.
The 2013 appropriation includes $284,000
$211,000 for 2012 and $426,000 $499,000 for 2013.
Sec. 37. Laws 2011, First Special Session chapter 11, article 9, section 3, subdivision 2, is amended to read:
Subd. 2. Adult basic education aid. For adult basic education aid under Minnesota Statutes, section 124D.531:
|
|
|
$ |
. . . . . |
2012 |
|
|
|
$ |
. . . . . |
2013 |
The 2012 appropriation includes $13,365,000
$13,364,000 for 2011 and $27,180,000 $31,838,000 for 2012.
The 2013 appropriation includes $18,119,000
$13,514,000 for 2012 and $27,723,000 $32,437,000 for 2013.
Sec. 38. BALANCES
CANCELED TO GENERAL FUND.
$430,088,000 of the unobligated balance
in the budget reserve account created in Minnesota Statutes, section 16A.152,
subdivision 1a, is canceled to the general fund in fiscal year 2012.
Journal of the
House - 98th Day - Monday, April 2, 2012 - Top of Page 8105
Sec. 39. EFFECTIVE
DATE.
Unless otherwise specified, this act is effective the day following final enactment."
Delete the title and insert:
"A bill for an act relating to education; modifying education shift; providing education forecast adjustments; appropriating money; amending Minnesota Statutes 2011 Supplement, sections 123B.54; 127A.45, subdivision 2; Laws 2011, First Special Session chapter 11, article 1, section 36, subdivisions 2, 3, 4, 5, 6, 7, 10; article 2, section 50, subdivisions 2, 3, 4, 5, 6, 7, 9; article 3, section 11, subdivisions 2, 3, 4, 5, 6; article 4, section 10, subdivisions 2, 3, 4, 6; article 5, section 12, subdivisions 2, 3, 4; article 6, section 2, subdivisions 2, 3, 5; article 7, section 2, subdivisions 2, 3, 4; article 8, section 2, subdivisions 2, 3; article 9, section 3, subdivision 2."
We request the adoption of this report and repassage of the bill.
House
Conferees: Pat Garofalo, Tim Kelly, Jenifer Loon, Kelby Woodard and Mindy Greiling.
Senate Conferees: Gen
Olson, Theodore J. "Ted" Daley, Benjamin A. Kruse, John C. Pederson
and Ted H. Lillie.
Garofalo moved that the report of the
Conference Committee on H. F. No. 2083 be adopted and that the
bill be repassed as amended by the Conference Committee.
Garofalo moved that the House refuse to
adopt the Conference Committee report on H. F. No. 2083, and
that the bill be returned to the Conference Committee.
A roll call was requested and properly
seconded.
The question was taken on the Garofalo
motion that the House refuse to adopt the Conference Committee report on H. F.
No. 2083 and that the bill be returned to the Conference Committee and the roll
was called. There were 55 yeas and 72
nays as follows:
Those who voted in the affirmative were:
Allen
Anzelc
Atkins
Benson, J.
Brynaert
Buesgens
Carlson
Champion
Davnie
Dill
Falk
Fritz
Gauthier
Greene
Hansen
Hausman
Hilty
Hornstein
Hortman
Hosch
Huntley
Johnson
Kahn
Kath
Knuth
Laine
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Mahoney
Mariani
Marquart
Melin
Moran
Morrow
Mullery
Murphy, E.
Nelson
Norton
Paymar
Pelowski
Persell
Peterson, S.
Poppe
Rukavina
Simon
Slawik
Slocum
Thissen
Tillberry
Wagenius
Ward
Winkler
Those who voted in the negative were:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Banaian
Barrett
Beard
Benson, M.
Bills
Cornish
Crawford
Daudt
Davids
Dean
Dettmer
Dittrich
Doepke
Journal of the House -
98th Day - Monday, April 2, 2012 - Top of Page 8106
Downey
Drazkowski
Eken
Erickson
Fabian
Franson
Garofalo
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Holberg
Hoppe
Howes
Kelly
Kieffer
Kiel
Kiffmeyer
Kriesel
Lanning
Leidiger
LeMieur
Lohmer
Loon
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Murdock
Murray
Myhra
Nornes
O'Driscoll
Peppin
Petersen, B.
Quam
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Smith
Stensrud
Swedzinski
Torkelson
Urdahl
Vogel
Wardlow
Woodard
Spk. Zellers
The
motion did not prevail.
The
question recurred on the Garofalo motion that the report of the Conference
Committee on H. F. No. 2083 be adopted and that the bill be repassed as amended
by the Conference Committee. The motion
prevailed.
H. F. No. 2083, A bill for an act relating to education; providing funding and modifying certain early, adult, and kindergarten through grade 12 education provisions, including general education, education excellence, special programs, facilities and technology, nutrition and accounting, libraries, and prevention; providing education forecast adjustments; appropriating money; amending Minnesota Statutes 2010, sections 122A.40, subdivisions 10, 11, 13, 19; 122A.41, subdivisions 14, 15; 123A.75, subdivision 1; 123B.41, by adding a subdivision; 123B.42; 123B.43; 124D.111, subdivision 3; 124D.518, subdivision 3, by adding a subdivision; 124D.531, by adding a subdivision; 126C.10, subdivision 28; Minnesota Statutes 2011 Supplement, sections 122A.245, subdivision 1; 122A.41, subdivision 6; 123B.41, subdivision 2; 124D.11, subdivision 9; 127A.33; 127A.45, subdivision 2; Laws 2011, First Special Session chapter 11, article 1, section 36, subdivisions 2, 3, 4, 5, 6, 7, 10; article 2, section 50, subdivisions 2, 3, 4, 5, 6, 7, 9; article 3, section 11, subdivisions 2, 3, 4, 5, 6; article 4, section 10, subdivisions 2, 3, 4, 6; article 5, section 12, subdivisions 2, 3, 4; article 6, section 2, subdivisions 2, 3, 5; article 7, section 2, subdivisions 2, 3, 4; article 8, section 2, subdivisions 2, 3; article 9, section 3, subdivision 2; repealing Minnesota Statutes 2010, sections 124D.135, subdivisions 8, 9; 124D.16, subdivisions 6, 7; 124D.20, subdivisions 11, 12.
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 75 yeas and 56 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Banaian
Barrett
Beard
Benson, M.
Bills
Cornish
Crawford
Daudt
Davids
Dean
Dettmer
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Franson
Garofalo
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Holberg
Hoppe
Howes
Kelly
Kieffer
Kiel
Kiffmeyer
Kriesel
Lanning
Leidiger
LeMieur
Lohmer
Loon
Mack
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Murdock
Murray
Myhra
Nornes
O'Driscoll
Peppin
Petersen, B.
Peterson, S.
Quam
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Smith
Stensrud
Swedzinski
Torkelson
Urdahl
Vogel
Wardlow
Westrom
Woodard
Spk. Zellers
Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Brynaert
Buesgens
Carlson
Champion
Davnie
Dill
Falk
Fritz
Gauthier
Greene
Hansen
Hausman
Hilty
Hornstein
Journal of the House -
98th Day - Monday, April 2, 2012 - Top of Page 8107
Hortman
Hosch
Huntley
Johnson
Kahn
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Mahoney
Mariani
Marquart
Melin
Moran
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Paymar
Pelowski
Persell
Poppe
Rukavina
Simon
Slawik
Slocum
Thissen
Tillberry
Wagenius
Ward
Winkler
The bill was repassed, as amended by
Conference, and its title agreed to.
ANNOUNCEMENT
BY THE SPEAKER
The Speaker announced the appointment of
the following members of the House to a Conference Committee on
H. F. No. 2337:
Davids; Anderson, S.; Loon; Mack and
Runbeck.
FISCAL CALENDAR
Pursuant to rule 1.22, Holberg requested
immediate consideration of H. F. No. 2949.
H. F. No. 2949 was reported
to the House.
Garofalo and Brynaert moved to amend H. F. No. 2949, the first engrossment, as follows:
Page 5, line 20, delete "a"
Page 5, line 21, delete "growth-based performance index" and insert "value-added growth data"
Page 5, delete section 6
Page 6, delete section 7
Page 17, line 15, delete "and"
Page 17, line 16, after "waiver" insert ", and all revenue savings resulting from implementing the 2012 federal waiver instead of the No Child Left Behind Act as it would apply to Minnesota without the waiver"
Page 18, delete line 7
Page 18, line 8, delete "(b)"
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
Journal of the
House - 98th Day - Monday, April 2, 2012 - Top of Page 8108
Westrom moved to amend H. F. No. 2949, the first engrossment, as amended, as follows:
Page 4, line 33, after the period, insert "For purposes of accurately reporting performance data under this section, the commissioner and district and school personnel must ensure that each administration of a statewide assessment provide eligible students with disabilities with all accommodations required by law, including auxiliary aids to ensure effective communication, so that these students have equal access to and benefit from the assessment."
The motion
prevailed and the amendment was adopted.
Loon, Stensrud, Erickson and Doepke moved to amend H. F. No. 2949, the first engrossment, as amended, as follows:
Page 16, after line 6, insert:
"Sec. 19. ONE-YEAR LICENSES.
Notwithstanding Minnesota Statutes 2010, section
122A.18, subdivision 2, as amended by Laws 2012, chapter 122, section 2, a
person who has:
(1) obtained a one-year license to teach; and
(2) taught in a language immersion program during the
2011-2012 school year;
may
be approved by the Board of Teaching to continue to teach through the end of
the 2013-2014 school year.
EFFECTIVE DATE. This section is effective retroactively from February 22, 2012."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The motion
prevailed and the amendment was adopted.
Pelowski and Dettmer moved to amend H. F. No. 2949, the first engrossment, as amended, as follows:
Page 12, delete section 16 and insert:
"Sec. 16. Minnesota Statutes 2010, section 471.975, is amended to read:
471.975 MAY PAY
DIFFERENTIAL OF RESERVE ON ACTIVE DUTY.
(a) Except as provided in paragraph (b), a statutory or home rule charter city, county, town, or other political subdivision may pay to each eligible member of the National Guard or other reserve component of the armed forces of the United States an amount equal to the difference between the member's base active duty military salary and the salary the member would be paid as an active political subdivision employee, including any adjustments the member would have received if not on leave of absence. This payment may be made only to a person whose base active duty military salary is less than the salary the person would be paid as an active political subdivision employee. Back pay
Journal of the
House - 98th Day - Monday, April 2, 2012 - Top of Page 8109
authorized by this section may be paid in a lump sum. Payment under this section must not extend beyond four years from the date the employee reported for active service, plus any additional time the employee may be legally required to serve.
(b) Subject to the limits under paragraph (g), Each
school district shall pay to each eligible member of the National Guard or
other reserve component of the armed forces of the United States an amount
equal to the difference between the member's base active duty military salary
and the salary the member would be paid as an active school district employee,
including any adjustments the member would have received if not on leave of
absence. The pay differential must be
based on a comparison between the member's daily base rate of active duty pay,
calculated by dividing the member's base military monthly salary by the number
of paid days in the month, and the member's daily rate of pay for the member's
school district salary, calculated by dividing the member's total school
district salary by the number of contract days.
The member's salary as a school district employee must include the
member's basic salary and any additional salary the member earns from the
school district for cocurricular and extracurricular activities. The differential payment under this paragraph
must be the difference between the daily base rates of military pay times the
number of school district contract days the member misses because of military
active duty. This payment may be made only
to a person whose daily base rate of active duty pay is less than the person's
daily rate of pay as an active school district employee. Payments may be made at the intervals at
which the member received pay as a school district employee. Payment under this section must not extend
beyond four years from the date the employee reported for active service, plus
any additional time the employee may be legally required to serve.
(c) An eligible member of the reserve components of the armed forces of the United States is a reservist or National Guard member who was an employee of a political subdivision at the time the member reported for active service on or after May 29, 2003, or who is on active service on May 29, 2003.
(d) Except as provided in paragraph (e) and elsewhere in Minnesota Statutes, a statutory or home rule charter city, county, town, or other political subdivision has total discretion regarding employee benefit continuation for a member who reports for active service and the terms and conditions of any benefit.
(e) A school district must continue the employee's enrollment in health and dental coverage, and the employer contribution toward that coverage, until the employee is covered by health and dental coverage provided by the armed forces. If the employee had elected dependent coverage for health or dental coverage as of the time that the employee reported for active service, a school district must offer the employee the option to continue the dependent coverage at the employee's own expense. A school district must permit the employee to continue participating in any pretax account in which the employee participated when the employee reported for active service, to the extent of employee pay available for that purpose.
(f) For purposes of this section, "active service" has the meaning given in section 190.05, subdivision 5, but excludes service performed exclusively for purposes of:
(1) basic combat training, advanced individual training, annual training, and periodic inactive duty training;
(2) special training periodically made available to reserve members; and
(3) service performed in accordance with section 190.08, subdivision 3.
(g) A school district making payments under paragraph
(b) shall place a sum equal to any difference between the amount of salary that
would have been paid to the employee who is receiving the payments and the
amount of salary being paid to substitutes for that employee into a special
fund that must be used to pay or partially pay the deployed employee's payments
under paragraph (b). A school district
is required to pay only this amount to the deployed school district employee. When an employee of a school district who
as a member of the National Guard or any
Journal of the
House - 98th Day - Monday, April 2, 2012 - Top of Page 8110
other reserve unit of the United States armed forces,
reports for active service as defined in section 190.05, subdivision 5, the
district must place into a special service members' aggregate salary savings
account the amount of salary the district would have paid to the employee
during the employee's leave for military service. The district must use the combined proceeds
in the account only to fully pay the salary differentials of all eligible
deployed employees in the district, as determined under paragraph (b). Funds remaining in the account at the end of
the fiscal year after all obligations to employees under this statute have been
satisfied may be used to pay for substitutes for the deployed employees, and
then for any other purpose.
EFFECTIVE DATE. This section is effective July 1, 2012, for school district employees serving in active military duty on or after that date."
The
motion prevailed and the amendment was adopted.
Tillberry moved to amend H. F. No. 2949, the first engrossment, as amended, as follows:
Page 16, line 29, after the second semicolon, insert "the Minnesota School Counselors Association;"
The
motion prevailed and the amendment was adopted.
Tillberry moved to amend H. F. No. 2949, the first engrossment, as amended, as follows:
Page 7, after line 28, insert:
"Sec. 9. Minnesota Statutes 2010, section 124D.09, subdivision 6, is amended to read:
Subd. 6. Counseling. To the extent possible, (a)
The school or school district must provide counseling services to pupils and
their parents or guardian before the pupils enroll in courses under this
section to ensure that the pupils and their parents or guardian are fully aware
of the risks and possible consequences of enrolling in postsecondary
courses. The school or school district
must provide information on the program including who may enroll, what
institutions and courses are eligible for participation, the decision-making
process for granting academic credits, financial arrangements for tuition,
books and materials, eligibility criteria for transportation aid, available
support services, the need to arrange an appropriate schedule, consequences of
failing or not completing a course in which the pupil enrolls, the effect of
enrolling in this program on the pupil's ability to complete the required high
school graduation requirements, and the academic and social responsibilities
that must be assumed by the pupils and their parents or guardian. The person providing counseling shall encourage
pupils and their parents or guardian to also use available counseling services
at the postsecondary institutions before the quarter or semester of enrollment
to ensure that anticipated plans are appropriate. A licensed school counselor must work with
pupils enrolling in courses under this section to create a graduation plan that
includes the courses the pupil expects to complete under this section as part
of that plan.
(b) Prior to enrolling in a course,
the pupil and the pupil's parents or guardian must sign a form that must be
provided by the school or school district and may be obtained from a
postsecondary institution stating that they have received the information
specified in this subdivision, created a graduation plan under paragraph (a)
that includes courses provided under this section, and that they
understand the responsibilities that must be assumed in enrolling in this
program. The department must, upon
request, provide technical assistance to a school or school district in
developing appropriate forms and counseling guidelines.
Journal of the
House - 98th Day - Monday, April 2, 2012 - Top of Page 8111
EFFECTIVE DATE. This section is effective for the 2012-2013 school year and later."
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 Tillberry
amendment and the roll was called. There
were 59 yeas and 71 nays as follows:
Those who voted in the affirmative were:
Allen
Anzelc
Atkins
Benson, J.
Brynaert
Carlson
Champion
Davnie
Dill
Dittrich
Eken
Falk
Fritz
Gauthier
Greene
Hackbarth
Hansen
Hausman
Hilty
Hornstein
Hortman
Hosch
Huntley
Johnson
Kahn
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Mahoney
Mariani
Marquart
Melin
Moran
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Paymar
Pelowski
Persell
Peterson, S.
Poppe
Rukavina
Scalze
Simon
Slawik
Slocum
Thissen
Tillberry
Wagenius
Ward
Winkler
Those who voted in the negative were:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Banaian
Barrett
Beard
Benson, M.
Bills
Buesgens
Cornish
Crawford
Daudt
Davids
Dean
Dettmer
Doepke
Downey
Drazkowski
Erickson
Fabian
Franson
Garofalo
Gottwalt
Gruenhagen
Gunther
Hamilton
Hancock
Holberg
Hoppe
Howes
Kelly
Kieffer
Kiel
Kiffmeyer
Kriesel
Lanning
Leidiger
LeMieur
Lohmer
Loon
Mack
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Murdock
Murray
Myhra
Nornes
O'Driscoll
Peppin
Petersen, B.
Quam
Runbeck
Sanders
Schomacker
Scott
Shimanski
Smith
Stensrud
Swedzinski
Torkelson
Urdahl
Vogel
Wardlow
Westrom
Woodard
Spk. Zellers
The
motion did not prevail and the amendment was not adopted.
Tillberry moved to amend H. F. No. 2949, the first engrossment, as amended, as follows:
Page 7, after line 28, insert:
"Sec. 9. Minnesota Statutes 2010, section 124D.09, subdivision 6, is amended to read:
Subd. 6. Counseling. (a) To the extent possible, the school or school district must provide counseling services to pupils and their parents or guardian before the pupils enroll in courses under this section to ensure that the pupils and their parents or guardian are fully aware of the risks and possible consequences of enrolling in postsecondary
Journal of the
House - 98th Day - Monday, April 2, 2012 - Top of Page 8112
courses. The school or school district must provide information on the program including who may enroll, what institutions and courses are eligible for participation, the decision-making process for granting academic credits, financial arrangements for tuition, books and materials, eligibility criteria for transportation aid, available support services, the need to arrange an appropriate schedule, consequences of failing or not completing a course in which the pupil enrolls, the effect of enrolling in this program on the pupil's ability to complete the required high school graduation requirements, and the academic and social responsibilities that must be assumed by the pupils and their parents or guardian. The person providing counseling shall encourage pupils and their parents or guardian to also use available counseling services at the postsecondary institutions before the quarter or semester of enrollment to ensure that anticipated plans are appropriate.
(b) Prior to enrolling in a course, the pupil and the pupil's parents or guardian must sign a form that must be provided by the school or school district and may be obtained from a postsecondary institution stating that they have received the information specified in this subdivision and that they understand the responsibilities that must be assumed in enrolling in this program. The department must, upon request, provide technical assistance to a school or school district in developing appropriate forms and counseling guidelines.
(c) In complying with the counseling
requirements in this subdivision, if a district does not provide its pupils
with a licensed school counselor, the district must notify pupils and their
parents or guardians of that fact. A
district may satisfy the counseling requirements in this subdivision by
providing the counseling services of a candidate for school counseling
licensure who is enrolled in a state-approved school counselor preparation
program and is supervised by a licensed school counselor.
(d) A district must not assign a
licensed school counselor to a position that prevents the school counselor from
performing duties consistent with that school counselor's license.
(e) Districts must identify school
personnel who spend more than ten percent of their time providing disciplinary
or administrative services as administrators for purposes of district staffing
reports.
EFFECTIVE DATE. This section is effective for the 2012-2013 school year and later."
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 Tillberry
amendment and the roll was called. There
were 55 yeas and 76 nays as follows:
Those who voted in the affirmative were:
Allen
Anzelc
Atkins
Benson, J.
Brynaert
Carlson
Champion
Davnie
Dill
Eken
Falk
Fritz
Gauthier
Greene
Hansen
Hausman
Hilty
Hornstein
Hosch
Huntley
Johnson
Kahn
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lillie
Mahoney
Mariani
Marquart
Melin
Moran
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Paymar
Pelowski
Persell
Peterson, S.
Poppe
Rukavina
Scalze
Simon
Slawik
Slocum
Thissen
Tillberry
Wagenius
Ward
Winkler
Journal of the
House - 98th Day - Monday, April 2, 2012 - Top of Page 8113
Those who voted in the negative were:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Banaian
Barrett
Beard
Benson, M.
Bills
Buesgens
Cornish
Crawford
Daudt
Davids
Dean
Dettmer
Dittrich
Doepke
Downey
Drazkowski
Erickson
Fabian
Franson
Garofalo
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Holberg
Hoppe
Hortman
Howes
Kelly
Kieffer
Kiel
Kiffmeyer
Kriesel
Lanning
Leidiger
LeMieur
Loeffler
Lohmer
Loon
Mack
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Murdock
Murray
Myhra
Nornes
Norton
O'Driscoll
Peppin
Petersen, B.
Quam
Runbeck
Sanders
Schomacker
Scott
Shimanski
Smith
Stensrud
Swedzinski
Torkelson
Urdahl
Vogel
Wardlow
Westrom
Woodard
Spk. Zellers
The
motion did not prevail and the amendment was not adopted.
Slawik moved to amend H. F. No. 2949, the first engrossment, as amended, as follows:
Page 15, delete section 18
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 Slawik
amendment and the roll was called. There
were 46 yeas and 85 nays as follows:
Those who voted in the affirmative were:
Allen
Atkins
Benson, J.
Brynaert
Carlson
Champion
Davnie
Dill
Dittrich
Gauthier
Greene
Hansen
Hausman
Hilty
Hornstein
Hortman
Huntley
Johnson
Kahn
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Mahoney
Mariani
Marquart
Moran
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Paymar
Peterson, S.
Scalze
Slawik
Slocum
Thissen
Tillberry
Wagenius
Ward
Winkler
Those who voted in the negative were:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Banaian
Barrett
Beard
Benson, M.
Bills
Buesgens
Cornish
Crawford
Daudt
Davids
Dean
Dettmer
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Holberg
Hoppe
Hosch
Howes
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Kriesel
Lanning
Leidiger
LeMieur
Lohmer
Journal of the House -
98th Day - Monday, April 2, 2012 - Top of Page 8114
Loon
Mack
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Melin
Morrow
Murdock
Murray
Myhra
Nornes
O'Driscoll
Pelowski
Peppin
Persell
Petersen, B.
Poppe
Quam
Rukavina
Runbeck
Sanders
Schomacker
Scott
Shimanski
Simon
Smith
Stensrud
Swedzinski
Torkelson
Urdahl
Vogel
Wardlow
Westrom
Woodard
Spk. Zellers
The
motion did not prevail and the amendment was not adopted.
The Speaker called Davids to the Chair.
H. F. No. 2949, A bill for an act relating to education; modifying certain early childhood and kindergarten through grade 12 policy and finance provisions; requiring reports; appropriating money; amending Minnesota Statutes 2010, sections 120B.13, subdivision 4; 124D.09, subdivisions 9, 10, 12, 24; 135A.101, subdivision 1; 471.975; Minnesota Statutes 2011 Supplement, sections 120B.07; 120B.08; 120B.09; 120B.36, subdivision 1; 124D.09, subdivision 5; 126C.126; 126C.40, subdivision 1; Laws 2011, First Special Session chapter 11, article 5, section 11; article 7, section 2, subdivision 8; repealing Minnesota Statutes 2010, section 124D.09, subdivision 23.
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 78 yeas and 54 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Banaian
Barrett
Beard
Benson, M.
Bills
Buesgens
Cornish
Crawford
Daudt
Davids
Dean
Dettmer
Dittrich
Doepke
Downey
Drazkowski
Erickson
Fabian
Franson
Fritz
Garofalo
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Holberg
Hoppe
Hortman
Howes
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Kriesel
Lanning
Leidiger
LeMieur
Lohmer
Loon
Mack
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Murdock
Murray
Myhra
Nornes
O'Driscoll
Peppin
Petersen, B.
Quam
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Smith
Stensrud
Swedzinski
Torkelson
Urdahl
Vogel
Ward
Wardlow
Westrom
Woodard
Spk. Zellers
Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Brynaert
Carlson
Champion
Clark
Davnie
Dill
Eken
Falk
Gauthier
Greene
Hansen
Hausman
Hilty
Hornstein
Hosch
Huntley
Johnson
Kahn
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Mahoney
Mariani
Marquart
Melin
Moran
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Paymar
Pelowski
Persell
Peterson, S.
Poppe
Rukavina
Simon
Slawik
Slocum
Thissen
Tillberry
Wagenius
Winkler
The
bill was passed, as amended, and its title agreed to.
Journal of the House - 98th Day - Monday, April 2, 2012 -
Top of Page 8115
CALENDAR FOR THE
DAY, Continued
S. F. No. 2084, A bill for an act relating to public safety; eliminating a Department of Corrections report on performance measures and targets; authorizing the fugitive apprehension unit to apply for search warrants; establishing a gardening program for inmates at each correctional facility; restoring the commissioner of corrections' discretion in selecting inmates to participate in the challenge incarceration program and requiring the commissioner to report to the legislature on how close to capacity the program is being operated; permitting victim notification regarding offenders by Department of Corrections to include electronic notification in addition to written notification; amending Minnesota Statutes 2010, sections 241.016, subdivision 1; 241.025, subdivision 2; 244.17, subdivisions 1, 2; 253B.18, subdivision 5a; 253B.185, subdivision 10; 611A.06, subdivisions 1, 2; 626.05, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 241.
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 131 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Allen
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Brynaert
Buesgens
Carlson
Champion
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dill
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gauthier
Gottwalt
Greene
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Koenen
Kriesel
Laine
Lanning
Leidiger
LeMieur
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Melin
Moran
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Paymar
Pelowski
Peppin
Persell
Petersen, B.
Peterson, S.
Poppe
Quam
Rukavina
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Simon
Slawik
Slocum
Smith
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Wardlow
Westrom
Winkler
Woodard
Spk. Zellers
The
bill was passed and its title agreed to.
H. F. No. 2216 was reported
to the House.
Hoppe, Gruenhagen and Davids moved to amend H. F. No. 2216 as follows:
Page 5, delete section 4
The
motion prevailed and the amendment was adopted.
Journal of the
House - 98th Day - Monday, April 2, 2012 - Top of Page 8116
Atkins offered an amendment to
H. F. No. 2216, as amended.
POINT OF
ORDER
Dean raised a point of order pursuant to
rule 3.21 that the Atkins amendment was not in order. Speaker pro tempore Davids ruled the point of
order well taken and the Atkins amendment out of order.
Atkins appealed the decision of Speaker
pro tempore Davids.
A roll call was requested and properly
seconded.
The vote was taken on the question
"Shall the decision of Speaker pro tempore Davids stand as the judgment of
the House?" and the roll was called.
There were 71 yeas and 61 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Banaian
Barrett
Beard
Benson, M.
Buesgens
Cornish
Crawford
Daudt
Davids
Dean
Dettmer
Doepke
Downey
Drazkowski
Erickson
Fabian
Franson
Garofalo
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Holberg
Hoppe
Howes
Kelly
Kieffer
Kiel
Kiffmeyer
Kriesel
Lanning
Leidiger
LeMieur
Lohmer
Loon
Mack
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Murdock
Murray
Myhra
Nornes
O'Driscoll
Peppin
Petersen, B.
Quam
Runbeck
Sanders
Schomacker
Scott
Shimanski
Smith
Stensrud
Swedzinski
Torkelson
Urdahl
Vogel
Wardlow
Westrom
Woodard
Spk. Zellers
Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Bills
Brynaert
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Eken
Falk
Fritz
Gauthier
Greene
Hansen
Hausman
Hilty
Hornstein
Hortman
Hosch
Huntley
Johnson
Kahn
Kath
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Mahoney
Mariani
Marquart
Melin
Moran
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Paymar
Pelowski
Persell
Peterson, S.
Poppe
Rukavina
Scalze
Simon
Slawik
Slocum
Thissen
Tillberry
Wagenius
Ward
Winkler
So it was the judgment of the House that
the decision of Speaker pro tempore Davids should stand.
H. F. No. 2216, A bill for an act relating to insurance; the Minnesota Comprehensive Health Association; permitting flexibility in premium rate-setting process; amending Minnesota Statutes 2010, sections 62E.08, subdivisions 1, 3; 62E.091.
The bill was read for the third time, as
amended, and placed upon its final passage.
Journal of the
House - 98th Day - Monday, April 2, 2012 - Top of Page 8117
The question was taken on the passage of
the bill and the roll was called. There
were 131 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Allen
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Brynaert
Buesgens
Carlson
Champion
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dill
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gauthier
Gottwalt
Greene
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Koenen
Kriesel
Laine
Lanning
Leidiger
LeMieur
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Melin
Moran
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Paymar
Pelowski
Peppin
Persell
Petersen, B.
Peterson, S.
Poppe
Quam
Rukavina
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Simon
Slawik
Slocum
Smith
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Wardlow
Westrom
Winkler
Woodard
Spk. Zellers
The
bill was passed, as amended, and its title agreed to.
S. F. No. 1981, A bill for an act relating to police officers; providing for uniform procedures for police civilian review authorities; amending Minnesota Statutes 2010, section 626.89, subdivision 2, by adding a subdivision.
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 107 yeas and 25 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Buesgens
Carlson
Cornish
Crawford
Daudt
Davids
Dean
Dettmer
Dill
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Franson
Fritz
Garofalo
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Holberg
Hoppe
Hortman
Hosch
Howes
Huntley
Johnson
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Koenen
Kriesel
Lanning
Leidiger
LeMieur
Lillie
Lohmer
Loon
Mack
Mahoney
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Melin
Morrow
Murdock
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Pelowski
Peppin
Journal of the House -
98th Day - Monday, April 2, 2012 - Top of Page 8118
Persell
Petersen, B.
Peterson, S.
Poppe
Quam
Rukavina
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Simon
Slawik
Slocum
Smith
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Ward
Wardlow
Westrom
Winkler
Woodard
Spk. Zellers
Those who voted in the negative were:
Allen
Brynaert
Champion
Clark
Davnie
Dittrich
Falk
Gauthier
Greene
Hausman
Hilty
Hornstein
Kahn
Laine
Lenczewski
Lesch
Liebling
Loeffler
Mariani
Moran
Mullery
Murphy, E.
Murphy, M.
Paymar
Wagenius
The
bill was passed and its title agreed to.
S. F. No. 2069, A bill for an act relating to insurance; regulating the offer and dissemination of travel insurance; amending Minnesota Statutes 2010, sections 60K.36, subdivision 2; 60K.38, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 60K.
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 132 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Allen
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Brynaert
Buesgens
Carlson
Champion
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dill
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gauthier
Gottwalt
Greene
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Koenen
Kriesel
Laine
Lanning
Leidiger
LeMieur
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Melin
Moran
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Paymar
Pelowski
Peppin
Persell
Petersen, B.
Peterson, S.
Poppe
Quam
Rukavina
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Simon
Slawik
Slocum
Smith
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Wardlow
Westrom
Winkler
Woodard
Spk. Zellers
The
bill was passed and its title agreed to.
Journal of the
House - 98th Day - Monday, April 2, 2012 - Top of Page 8119
The
Speaker resumed the Chair.
H. F. No. 1134 was reported
to the House.
Atkins, Winkler, Simon, Hoppe and Knuth moved to amend H. F. No. 1134, the first engrossment, as follows:
Page 1, delete section 1
Page 2, line 29, delete "and"
Page 2, line 30, after "fund" insert "group plans under"
Page 3, line 7, after the semicolon, insert "or"
Page 3, line 9, after the semicolon, insert "and"
Page 3, after line 9, insert:
"(3) contracts used to fund, unless there is a recommendation to a consumer regarding an annuity in which case sections 72A.203 to 72A.2036 do apply with respect to the consumer annuity transaction:"
Page 3, line 10, delete "(v)" and insert "(i)"
Page 3, line 12, delete "(vi)" and insert "(ii)"
Page 3, line 31, after "advice" insert "or guidance" and after "provided" insert "or made"
Page 3, line 34, after "advice" insert "or guidance"
Page 4, line 1, delete everything after
""Replacement"" and insert "means a
transaction in which a new policy or contract is to be purchased, and it is
known or should be known to the proposing producer, or the proposing insurer,
whether or not there is an insurance producer, that by reason of the
transaction, an existing policy or contract has been or is to be any of the
following:
(1)
lapsed, forfeited, surrendered or partially surrendered, assigned to the
replacing insurer, or otherwise terminated;
(2) converted to reduced paid-up
insurance; continued as extended term insurance, or otherwise reduced in value
by the use of nonforfeiture benefits or other policy values;
(3) amended so as to effect either a
reduction in benefits or in the term for which coverage would otherwise remain
in force or for which benefits would be paid;
(4) reissued with any reduction in cash
value; or
(5) used in a financed purchase."
Page 4, delete line 2
Journal of the
House - 98th Day - Monday, April 2, 2012 - Top of Page 8120
Page 4, line 5, before "the" insert "but not limited to"
Page 4, line 7, after "income" insert "and anticipated material changes in annual income"
Page 4,
line 9, after "annuity" insert ", and including
anticipated material changes in financial situation and needs"
Page 4, line 14, after "holdings" insert "and anticipated material changes in existing assets"
Page 4, line 15, after "needs" insert "and anticipated material changes in liquidity needs"
Page 4, line 16, after "worth" insert "and anticipated material changes in liquid net worth"
Page 4, line 17, delete "and"
Page 4, line 18, delete the period and insert "; and"
Page 4, after line 18, insert:
"(13) whether or not the consumer has a reverse mortgage."
Page 4, line 23, after "believing" insert ", after a reasonable inquiry,"
Page 4, line 24, delete "on the basis of" and insert ", under the totality of the circumstances based on"
Page 4, line 30, before "or" insert "redeems,"
Page 4, line 33, delete everything after "would" and insert "receive a tangible net benefit from the transaction;"
Page 4, delete line 34
Page 5, line 4, before the semicolon, insert "taking into account, among other things, the age of the consumer"
Page 5, line 7, delete "whether" and insert "all of the following"
Page 5, line 12, delete "benefit from product enhancements and improvements" and insert "receive a tangible net benefit from the transaction, and in the case of a person 65 years of age or older, neither a producer nor an insurer shall recommend a replacement or exchange of an annuity that requires the insured to pay a surrender charge for the annuity being replaced or exchanged if the replacement or exchange does not confer a substantial financial benefit over the life of the annuity to the consumer so that a reasonable person would believe the purchase is unnecessary"
Page 5, line 14, delete "36" and insert "60"
Page 5, line 18, before the period, insert ", and record this information on a form, inventory, or similar record"
Page 5, line 28, after the semicolon, insert "or"
Page 5, line 30, delete "; or" and insert a period
Page 5, delete lines 31 and 32
Journal of the
House - 98th Day - Monday, April 2, 2012 - Top of Page 8121
Page 5, line 34, after "known" insert ", or which after reasonable inquiry should be known" and after "insurer" insert "or the insurance producer,"
Page 6, line 9, before "the" insert "all of"
Page 6, line 13, before "manuals" insert "programs and"
Page 6, line 21, before the period, insert "taking into account among other things the age of the consumer"
Page 6, line 24, delete "may" and insert "shall"
Page 6, line 26, before the semicolon, insert ", taking into account, among other things the age of the consumer"
Page 7, line 6, before the semicolon, insert ", and an insurer is responsible for the compliance of an insurance producer with the provisions of sections 72A.203 to 72A.2036 regardless of whether the insurer contracts for performance of a function required under this paragraph"
Page 7, line 18, after "producer" insert "or insurer"
Page 7, line 20, before
"truthfully" insert "providing suitability information
to the insurance producer or insurer and"
Page 7, line 24, delete "Alternative" and insert "FINRA" and delete "Sales" and insert "Certain sales" and after "made" insert "by a broker-dealer"
Page 7, line 28, delete "is similar" and insert "is no less stringent than" and before the period, insert "under FINRA requirements"
Page 7, line 30, before
the period, insert "with respect to sales made in compliance with FINRA
requirements and federal law or limits the responsibilities of
the insurer to monitor the broker-dealer as provided in this subdivision"
Page 8, line 7, delete "engages" and insert "is otherwise entitled to engage"
Page 8, line 8, delete "four-credit" and insert "eight-credit"
Page 8, line 10, before the period, insert "prior to commencing the transaction of annuities"
Page 8, line 13, delete "2012" and insert "2013"
Page 8, line 14, delete "2012" and insert "2013"
Page 8, line 16, delete "2012" and insert "2013"
Page 8, line 17, delete "2012" and insert "2013"
Page 8, line 18, delete everything after "(b)" and insert "In addition to the requirement set for in paragraph (a), every producer who engages in this state in the sale of annuities shall satisfactorily complete four continuing education credits prior to license renewal every two years."
Page 8, delete line 19
Page 8, line 26, delete "and"
Journal of the House - 98th Day - Monday, April 2, 2012 - Top of Page
8122
Page 8,
line 27, after "appropriate" insert "and lawful"
and delete the period and insert ", and suitability information and
whether an annuity is suitable for a consumer; and"
Page 8, before line 28, insert:
"(7) the recognition of indicators that a prospective insured may lack the short-term memory or judgment to knowingly purchase an insurance product."
Page 9, after line 20, insert:
"Sec. 8. [72A.2034]
PENALTIES.
Subdivision 1. Imposition. (a) An insurer is responsible for
compliance with sections 72A.203 to 72A.2036.
If a violation occurs, either because of the action or inaction of the insurer
or its insurance producer, the commissioner may, in addition to any available
penalties, remedies, or administrative actions order:
(1) an insurer to take reasonably
appropriate corrective, including but not limited to canceling a transaction
action for any consumer harmed by the insurer's, or by its insurance
producer's, violation of sections 72A.203 to 72A.2036;
(2) a general agency, independent
agency, or the insurance producer to take reasonably appropriate corrective
action for any consumer harmed by the insurance producer's violation of
sections 72A.203 to 72A.2036; and
(3) appropriate penalties and sanctions.
(b) Nothing in sections 72A.203 to
72A.2036 shall affect any obligation of an insurer for the acts of its
insurance producers, or any consumer remedy or any cause of action that is
otherwise provided for under applicable federal or state law, including without
limitation chapter 60K.
Subd. 2. Aggravation or mitigation. Any applicable penalty for a violation of sections 72A.203 to 72A.2036 may be increased or decreased upon consideration of any aggravating or mitigating circumstances."
Page 9, after line 30, insert:
"Sec. 10. [72A.2036]
RELATIONSHIP TO OTHER LAWS; ENFORCEMENT.
(a) Nothing in sections 72A.203 to
72A.2036 shall be interpreted to:
(1) change, alter, or modify any of the
obligations, duties, or responsibilities of insurers or insurance producers,
pursuant to any orders of the commissioner or consent decrees in effect as of
January 1, 2013; or
(2) limit the commissioner's authority
to make any investigation or take any action under chapter 45 or other
applicable state law with respect to any insurer, insurance producer,
broker-dealer, third-party contractor, or other entity engaged in any activity
involving the sale of an annuity that is subject to sections 72A.203 to
72A.2036.
(b) In addition to any other penalties provided by the laws of this state, a violation of sections 72A.203 to 72A.2036 shall be considered a violation of section 72A.20."
Page 9, line 32, delete "2012" and insert "2013"
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
Journal of the
House - 98th Day - Monday, April 2, 2012 - Top of Page 8123
Davids
moved to amend the Atkins et al amendment to H. F. No. 1134, the first
engrossment, as follows:
Page
3, delete line 30
Page
4, delete lines 1 to 5
The
motion prevailed and the amendment to the amendment was adopted.
The question recurred on the Atkins et al
amendment, as amended, to H. F. No. 1134, the first engrossment. The motion prevailed and the amendment, as
amended, was adopted.
H. F. No. 1134, A bill for an act relating to insurance; regulating annuity products; enacting and modifying a model regulation adopted by the National Association of Insurance Commissioners relating to suitability in annuity transactions; amending Minnesota Statutes 2010, sections 60K.46, subdivision 4; 72A.20, subdivision 34; proposing coding for new law in Minnesota Statutes, chapter 72A.
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 126 yeas and 6 nays as follows:
Those who voted in the affirmative were:
Abeler
Allen
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Brynaert
Carlson
Champion
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dill
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gauthier
Gottwalt
Greene
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Koenen
Kriesel
Laine
Lanning
Leidiger
LeMieur
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Melin
Moran
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Paymar
Pelowski
Persell
Peterson, S.
Poppe
Quam
Rukavina
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Simon
Slawik
Slocum
Smith
Stensrud
Swedzinski
Tillberry
Torkelson
Urdahl
Wagenius
Ward
Westrom
Winkler
Woodard
Spk. Zellers
Those who voted in the negative were:
Buesgens
Peppin
Petersen, B.
Thissen
Vogel
Wardlow
The
bill was passed, as amended, and its title agreed to.
Journal of the
House - 98th Day - Monday, April 2, 2012 - Top of Page 8124
S. F. No. 1934, A bill for an act relating to insurance; regulating township mutual fire insurance company combination policies; amending Minnesota Statutes 2010, section 67A.191.
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 88 yeas and 42 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Atkins
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Cornish
Crawford
Daudt
Davids
Dean
Dettmer
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hoppe
Howes
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Koenen
Kriesel
Lanning
Leidiger
LeMieur
Lohmer
Loon
Mack
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Morrow
Murdock
Murphy, M.
Murray
Myhra
Nornes
Norton
O'Driscoll
Pelowski
Peppin
Persell
Petersen, B.
Peterson, S.
Poppe
Quam
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Slawik
Smith
Stensrud
Swedzinski
Torkelson
Urdahl
Vogel
Ward
Wardlow
Westrom
Woodard
Those who voted in the negative were:
Allen
Anzelc
Brynaert
Buesgens
Carlson
Champion
Clark
Davnie
Dill
Gauthier
Greene
Hansen
Hausman
Hilty
Holberg
Hornstein
Hortman
Huntley
Johnson
Kahn
Knuth
Laine
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Mahoney
Mariani
Melin
Moran
Mullery
Murphy, E.
Nelson
Paymar
Rukavina
Simon
Slocum
Thissen
Tillberry
Wagenius
Winkler
The
bill was passed and its title agreed to.
MOTIONS
FOR RECONSIDERATION
Atkins moved that the vote whereby
S. F. No. 1934, was passed on the Calendar for the Day, be now
reconsidered. The motion prevailed.
Davids moved that the action whereby S. F.
No. 1934 was given its third reading be now reconsidered. The motion prevailed.
S. F. No. 1934 was again
reported to the House.
Journal of the
House - 98th Day - Monday, April 2, 2012 - Top of Page 8125
Hilty moved to amend S. F. No. 1934, the
unofficial engrossment, as follows:
Page 1, line 20, after "enactment"
insert ", and does not apply to losses incurred before that date"
The
motion prevailed and the amendment was adopted.
S. F. No. 1934, A bill for an act relating
to insurance; regulating township mutural fire insurance company combination
policies; amending Minnesota Statues 2010, section 67A.191.
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 90 yeas and 42 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Cornish
Crawford
Daudt
Davids
Dean
Dettmer
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hilty
Hoppe
Hosch
Howes
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Koenen
Kriesel
Lanning
Leidiger
LeMieur
Lohmer
Loon
Mack
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Morrow
Murdock
Murphy, M.
Murray
Myhra
Nornes
Norton
O'Driscoll
Pelowski
Peppin
Persell
Petersen, B.
Peterson, S.
Poppe
Quam
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Smith
Stensrud
Swedzinski
Tillberry
Torkelson
Urdahl
Vogel
Ward
Wardlow
Westrom
Woodard
Spk. Zellers
Those who voted in the negative were:
Allen
Atkins
Brynaert
Buesgens
Carlson
Champion
Clark
Davnie
Dill
Dittrich
Gauthier
Greene
Hansen
Hausman
Holberg
Hornstein
Hortman
Huntley
Johnson
Kahn
Knuth
Laine
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Mahoney
Mariani
Melin
Moran
Mullery
Murphy, E.
Nelson
Paymar
Rukavina
Simon
Slawik
Slocum
Thissen
Wagenius
Winkler
The
bill was passed, as amended, and its title agreed to.
H. F. No. 1976, A bill for an act relating to state government; requiring state appointing authorities to use the federal E-Verify program; proposing coding for new law in Minnesota Statutes, chapter 43A.
The bill was read for the third time and
placed upon its final passage.
Journal of the
House - 98th Day - Monday, April 2, 2012 - Top of Page 8126
The question was taken on the passage of
the bill and the roll was called. There
were 77 yeas and 53 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Banaian
Barrett
Beard
Benson, M.
Bills
Buesgens
Cornish
Crawford
Daudt
Davids
Dean
Dettmer
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Franson
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Holberg
Hoppe
Hortman
Howes
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Kriesel
Lanning
Leidiger
LeMieur
Lenczewski
Lohmer
Loon
Mack
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Murdock
Murray
Myhra
Nornes
Norton
O'Driscoll
Peppin
Quam
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Smith
Stensrud
Swedzinski
Torkelson
Urdahl
Vogel
Wardlow
Westrom
Woodard
Spk. Zellers
Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Brynaert
Carlson
Champion
Clark
Davnie
Dill
Falk
Fritz
Gauthier
Greene
Hansen
Hausman
Hilty
Hornstein
Hosch
Huntley
Johnson
Kahn
Knuth
Koenen
Laine
Lesch
Liebling
Lillie
Loeffler
Mahoney
Mariani
Marquart
Melin
Moran
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Paymar
Pelowski
Persell
Peterson, S.
Poppe
Rukavina
Simon
Slawik
Slocum
Thissen
Tillberry
Wagenius
Ward
Winkler
The bill was
passed and its title agreed to.
S. F. No. 2014, A bill for an act relating to metropolitan government; providing for staggered, four-year terms for members of the Metropolitan Council; providing for removal of members under certain conditions; amending Minnesota Statutes 2010, section 473.123, subdivision 2a.
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 81 yeas and 48 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Cornish
Crawford
Daudt
Davids
Dean
Dettmer
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Franson
Fritz
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hoppe
Hortman
Howes
Kelly
Kieffer
Kiel
Kiffmeyer
Koenen
Kriesel
Lanning
Leidiger
LeMieur
Lenczewski
Lohmer
Loon
Mack
Mariani
Marquart
Mazorol
McElfatrick
McFarlane
McNamara
Journal of the House -
98th Day - Monday, April 2, 2012 - Top of Page 8127
Murdock
Murray
Myhra
Nornes
O'Driscoll
Pelowski
Peppin
Petersen, B.
Peterson, S.
Poppe
Quam
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Smith
Stensrud
Swedzinski
Torkelson
Urdahl
Vogel
Ward
Westrom
Woodard
Spk. Zellers
Those who voted in the negative were:
Allen
Anzelc
Atkins
Bills
Brynaert
Buesgens
Carlson
Champion
Clark
Davnie
Dill
Falk
Garofalo
Gauthier
Greene
Hilty
Holberg
Hornstein
Hosch
Huntley
Johnson
Kahn
Kath
Knuth
Laine
Lesch
Liebling
Lillie
Loeffler
Mahoney
Melin
Moran
Morrow
Murphy, E.
Murphy, M.
Nelson
Norton
Paymar
Persell
Rukavina
Simon
Slawik
Slocum
Thissen
Tillberry
Wagenius
Wardlow
Winkler
The
bill was passed and its title agreed to.
S. F. No. 1993, A bill for an act relating to building codes; modifying licensing exemptions relating to installation of certain sump pumps; amending Minnesota Statutes 2011 Supplement, section 326B.46, subdivision 1a.
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 131 yeas and 1 nay as follows:
Those who voted in the affirmative were:
Abeler
Allen
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Brynaert
Buesgens
Carlson
Champion
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dill
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gauthier
Gottwalt
Greene
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Koenen
Kriesel
Laine
Lanning
Leidiger
LeMieur
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Mazorol
McElfatrick
McFarlane
McNamara
Melin
Moran
Morrow
Mullery
Murdock
Murphy, E.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Paymar
Pelowski
Peppin
Persell
Petersen, B.
Peterson, S.
Poppe
Quam
Rukavina
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Simon
Slawik
Slocum
Smith
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Wardlow
Westrom
Winkler
Woodard
Spk. Zellers
Journal of the
House - 98th Day - Monday, April 2, 2012 - Top of Page 8128
Those who voted in the negative were:
Murphy, M.
The
bill was passed and its title agreed to.
H. F. No. 2335 was reported
to the House.
Sanders moved to amend H. F. No. 2335, the first engrossment, as follows:
Page 1, line 10, delete "or name at annual"
Page 1, line 11, delete "registration renewal" and insert ", name, or assumed name no later than 30 days after the change occurs"
Page 1, delete section 2 and insert:
"Sec. 2. Minnesota Statutes 2010, section 332.33, subdivision 8, is amended to read:
Subd. 8. Screening process requirement. (a) Each licensed collection agency must establish procedures to follow when screening an individual collector applicant prior to submitting an applicant to the commissioner for initial registration and at renewal.
(b) The screening process for initial
registration must be done at the time of hiring. The process must include a national criminal
history record search, an attorney licensing search, and a county criminal
history search for all counties where the applicant has resided within the five
years immediately preceding the initial registration, to determine whether the
applicant is eligible to be registered under section 332.35. Each licensed collection agency shall use a
vendor that is a member of the National Association of Professional Background
Screeners, or an equivalent vendor, to conduct this background screening
process.
(c) Screening for renewal of individual
collector registration must include a national criminal history record search
and a county criminal history search for all counties where the individual has
resided during the immediate preceding year.
Screening for renewal of individual collector registrations must take
place no more than 60 days before the license expiration or renewal date. A renewal screening is not required if an
individual collector has been subjected to an initial background screening
within 12 months of the first registration renewal date. A renewal screening is required for all
subsequent annual registration renewals.
(d) The commissioner may review the procedures to ensure the integrity of the screening process. Failure by a licensed collection agency to establish these procedures is subject to action under section 332.40."
Page 2, line 15, after "involving" insert "identity theft or"
Page 2, line 22, delete "suspended for cause" and insert "involuntarily suspended"
Page 2, delete section 4
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
Journal of the
House - 98th Day - Monday, April 2, 2012 - Top of Page 8129
H. F. No. 2335 was read for the third
time.
MOTION FOR
RECONSIDERATION
Sanders moved that the action whereby
H. F. No. 2335 was given its third reading be now reconsidered. The motion prevailed.
The question recurred on the Sanders
amendment to H. F. No. 2335. The motion
prevailed and the amendment was adopted.
H. F. No. 2335, A bill for an act relating to debt collectors; amending procedures for licensure of debt collection agencies and registration of individual debt collectors; amending Minnesota Statutes 2010, sections 332.33, subdivisions 7, 8; 332.35.
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 118 yeas and 15 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Brynaert
Carlson
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dill
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gauthier
Gottwalt
Greene
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hilty
Holberg
Hoppe
Hortman
Hosch
Howes
Huntley
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Koenen
Kriesel
Laine
Lanning
Leidiger
LeMieur
Lenczewski
Lesch
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Melin
Moran
Morrow
Murdock
Murphy, E.
Murphy, M.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Pelowski
Peppin
Persell
Peterson, S.
Poppe
Quam
Rukavina
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Simon
Slawik
Slocum
Smith
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Ward
Wardlow
Westrom
Winkler
Woodard
Spk. Zellers
Those who voted in the negative were:
Allen
Buesgens
Champion
Hansen
Hausman
Hilstrom
Hornstein
Johnson
Kahn
Liebling
Mariani
Mullery
Paymar
Petersen, B.
Wagenius
The
bill was passed, as amended, and its title agreed to.
Journal of the
House - 98th Day - Monday, April 2, 2012 - Top of Page 8130
S. F. No. 1793, A bill for an act relating to insurance; modifying the definition of a health plan company; proposing coding for new law in Minnesota Statutes, chapter 645.
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 115 yeas and 18 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Brynaert
Buesgens
Carlson
Champion
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dill
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Franson
Fritz
Garofalo
Gottwalt
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Holberg
Hoppe
Hortman
Hosch
Howes
Huntley
Johnson
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Koenen
Kriesel
Lanning
Leidiger
LeMieur
Lenczewski
Lillie
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Melin
Morrow
Mullery
Murdock
Murphy, M.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Paymar
Pelowski
Peppin
Persell
Petersen, B.
Poppe
Quam
Rukavina
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Simon
Slawik
Slocum
Smith
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Ward
Wardlow
Westrom
Winkler
Woodard
Spk. Zellers
Those who voted in the negative were:
Allen
Clark
Falk
Gauthier
Greene
Hausman
Hilstrom
Hilty
Hornstein
Kahn
Laine
Lesch
Liebling
Loeffler
Moran
Murphy, E.
Peterson, S.
Wagenius
The
bill was passed and its title agreed to.
S. F. No. 1860, A bill for an act relating to environment; modifying the definition of solid waste to exempt certain highway construction, improvement, or repair activities; amending Minnesota Statutes 2010, section 116.06, subdivision 22.
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 120 yeas and 12 nays as follows:
Those who voted in the affirmative were:
Abeler
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Brynaert
Buesgens
Carlson
Champion
Clark
Journal of the House -
98th Day - Monday, April 2, 2012 - Top of Page 8131
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dill
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Franson
Fritz
Garofalo
Gottwalt
Greene
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Huntley
Johnson
Kahn
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Koenen
Kriesel
Laine
Lanning
Leidiger
LeMieur
Lenczewski
Liebling
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Melin
Morrow
Mullery
Murdock
Murphy, M.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Paymar
Pelowski
Peppin
Persell
Petersen, B.
Peterson, S.
Poppe
Quam
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Simon
Slawik
Smith
Stensrud
Swedzinski
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Wardlow
Westrom
Winkler
Woodard
Spk. Zellers
Those who voted in the negative were:
Allen
Falk
Gauthier
Hausman
Hilstrom
Howes
Lesch
Mariani
Moran
Rukavina
Slocum
Thissen
The
bill was passed and its title agreed to.
S. F. No. 2273 was reported
to the House.
Swedzinski moved to amend S. F. No. 2273, the first engrossment, as follows:
Page 3, delete section 5
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
S. F. No. 2273, A bill for an act relating to public safety; motor vehicles; motor vehicle dealer regulations; expanding the class of eligible buyers for junked vehicles; amending Minnesota Statutes 2010, sections 168.27, subdivisions 2, 3, 3c; 168A.151, subdivision 6.
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.
Pursuant to rule 2.05, Hortman was excused
from voting on the final passage of S. F. No. 2273, as amended.
There were 132 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Allen
Anderson, B.
Anderson, D.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Banaian
Barrett
Beard
Benson, J.
Benson, M.
Bills
Brynaert
Buesgens
Carlson
Champion
Journal of the House -
98th Day - Monday, April 2, 2012 - Top of Page 8132
Clark
Cornish
Crawford
Daudt
Davids
Davnie
Dean
Dettmer
Dill
Dittrich
Doepke
Downey
Drazkowski
Eken
Erickson
Fabian
Falk
Franson
Fritz
Garofalo
Gauthier
Gottwalt
Greene
Gruenhagen
Gunther
Hackbarth
Hamilton
Hancock
Hansen
Hausman
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hosch
Howes
Huntley
Johnson
Kahn
Kath
Kelly
Kieffer
Kiel
Kiffmeyer
Knuth
Koenen
Kriesel
Laine
Lanning
Leidiger
LeMieur
Lenczewski
Lesch
Liebling
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Mazorol
McDonald
McElfatrick
McFarlane
McNamara
Melin
Moran
Morrow
Mullery
Murdock
Murphy, E.
Murphy, M.
Murray
Myhra
Nelson
Nornes
Norton
O'Driscoll
Paymar
Pelowski
Peppin
Persell
Petersen, B.
Peterson, S.
Poppe
Quam
Rukavina
Runbeck
Sanders
Scalze
Schomacker
Scott
Shimanski
Simon
Slawik
Slocum
Smith
Stensrud
Swedzinski
Thissen
Tillberry
Torkelson
Urdahl
Vogel
Wagenius
Ward
Wardlow
Westrom
Winkler
Woodard
Spk. Zellers
The bill was
passed, as amended, and its title agreed to.
Dean moved that the remaining bills on the
Calendar for the Day be continued. The
motion prevailed.
FISCAL CALENDAR ANNOUNCEMENT
Pursuant to rule 1.22, Holberg announced
her intention to place H. F. No. 2171; S. F. No. 2493; and H. F.
Nos. 2580, 2729 and 2164 on the Fiscal Calendar for Tuesday, April 3, 2012.
MOTIONS AND RESOLUTIONS
Slocum moved that her name be stricken as
an author on H. F. No. 669.
The motion prevailed.
Kiel moved that the name of Morrow be
added as an author on H. F. No. 682. The motion prevailed.
Slocum moved that her name be stricken as
an author on H. F. No. 803.
The motion prevailed.
Daudt moved that the name of Runbeck be
added as an author on H. F. No. 2249. The motion prevailed.
Slocum moved that her name be stricken as
an author on H. F. No. 2506.
The motion prevailed.
Loon moved that the name of Runbeck be
added as an author on H. F. No. 2651. The motion prevailed.
Hancock moved that the name of Anzelc be
added as an author on H. F. No. 2862. The motion prevailed.
Simon moved that the name of Greene be
added as an author on H. F. No. 2983. The motion prevailed.
Kriesel moved that
H. F. No. 1485 be recalled from the Committee on Ways and Means
and be re-referred to the Committee on Commerce and Regulatory Reform. The motion prevailed.
Journal of the
House - 98th Day - Monday, April 2, 2012 - Top of Page 8133
Woodard moved that
H. F. No. 1607, now on the Calendar for the Day, be re-referred
to the Committee on Ways and Means. The
motion prevailed.
ADJOURNMENT
Dean moved that when the House adjourns
today it adjourn until 10:00 a.m., Tuesday, April 3, 2012. The motion prevailed.
Dean moved that the House adjourn. The motion prevailed, and the Speaker
declared the House stands adjourned until 10:00 a.m., Tuesday, April 3, 2012.
Albin
A. Mathiowetz,
Chief Clerk, House of Representatives
Journal of the
House - 98th Day - Monday, April 2, 2012 - Top of Page 8134