STATE OF
MINNESOTA
EIGHTY-EIGHTH
SESSION - 2013
_____________________
FIFTY-NINTH
DAY
Saint Paul, Minnesota, Friday, May 17, 2013
The House of Representatives convened at
9:00 a.m. and was called to order by Paul Thissen, Speaker of the House.
Prayer was offered by the Reverend Thomas
Knoblach, Holy Spirit Catholic Church, St. Cloud, Minnesota.
The members of the House gave the pledge
of allegiance to the flag of the United States of America.
The roll was called and the following
members were present:
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
FitzSimmons
Franson
Freiberg
Fritz
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kieffer
Kiel
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zellers
Zerwas
Spk. Thissen
A quorum was present.
Kresha was excused until 11:20 a.m. Mack was excused until 11:30 a.m. Peppin was excused until 11:35 a.m. Abeler was excused until 11:55 a.m. Nelson was excused until 12:10 p.m.
The Chief Clerk proceeded to read the
Journal of the preceding day. There
being no objection, further reading of the Journal was dispensed with and the
Journal was approved as corrected by the Chief Clerk.
REPORTS OF CHIEF CLERK
S. F. No. 460 and
H. F. No. 739, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Moran moved that the rules be so far
suspended that S. F. No. 460 be substituted for
H. F. No. 739 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 796 and
H. F. No. 742, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Dill moved that the rules be so far
suspended that S. F. No. 796 be substituted for
H. F. No. 742 and that the House File be indefinitely
postponed. The motion prevailed.
S. F. No. 1276 and
H. F. No. 1377, which had been referred to the Chief Clerk for
comparison, were examined and found to be identical with certain exceptions.
SUSPENSION
OF RULES
Hortman moved that the rules be so far
suspended that S. F. No. 1276 be substituted for
H. F. No. 1377 and that the House File be indefinitely
postponed. The motion prevailed.
SECOND READING
OF SENATE BILLS
S. F. Nos. 460, 796 and
1276 were read for the second time.
INTRODUCTION AND FIRST READING OF
HOUSE BILLS
The
following House Files were introduced:
Schoen, Atkins and Davids introduced:
H. F. No. 1847, A bill for an act relating to the State Lottery; prohibiting sale of lottery tickets at fuel pumps; amending Minnesota Statutes 2012, section 349A.13.
The bill was read for the first time and referred to the Committee on Commerce and Consumer Protection Finance and Policy.
Hilstrom introduced:
H. F. No. 1848, A bill for an act relating to civil commitment; requiring the committing court to annually review the necessity and conditions of a person's commitment; requiring the state court administrator to report information on committed persons to the commissioner of human services; proposing coding for new law in Minnesota Statutes, chapter 253B.
The bill was read for the first time and referred to the Committee on Judiciary Finance and Policy.
Kelly introduced:
H. F. No. 1849, A bill for an act relating to energy; appropriating money for a refuse-derived fuel production facility in the city of Red Wing.
The bill was read for the first time and referred to the Committee on Commerce and Consumer Protection Finance and Policy.
Fritz, Mack, Lillie, Hilstrom, Abeler and Zerwas introduced:
H. F. No. 1850, A bill for an act relating to health; modifying the scope of practice for chiropractors; amending Minnesota Statutes 2012, sections 148.01, subdivision 1, by adding a subdivision; 148.105, subdivision 1; repealing Minnesota Statutes 2012, section 148.01, subdivision 3; Minnesota Rules, parts 2500.0100, subparts 3, 4b, 9b; 2500.4000.
The bill was read for the first time and referred to the Committee on Health and Human Services Policy.
MESSAGES FROM THE SENATE
The
following message was received from the Senate:
Mr. Speaker:
I hereby announce the passage by the
Senate of the following Senate Files, herewith transmitted:
S. F. Nos. 894 and 1340.
JoAnne M. Zoff,
Secretary of the Senate
FIRST READING OF SENATE BILLS
S. F. No. 894, A bill for an act relating to health; making changes to resident reimbursement classifications; amending Minnesota Statutes 2012, section 144.0724.
The bill was read for the first time.
Schomacker moved that S. F. No. 894 and H. F. No. 1179, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
S. F. No. 1340, A bill for an act relating to human services; modifying provisions related to licensing data, human services licensing, child care programs, financial fraud and abuse investigations, and vendors of chemical dependency treatment services; modifies background studies; amending Minnesota Statutes 2012, sections 13.46, subdivisions 3, 4; 119B.125, subdivision 1b; 168.012, subdivision 1; 245A.02, subdivision 5a; 245A.04, subdivisions 1, 5, 11; 245A.06, subdivision 1; 245A.07, subdivisions 2, 2a, 3, by adding a subdivision; 245A.08, subdivisions 2a, 5a; 245A.146, subdivisions 3, 4; 245A.50, subdivision 4; 245A.65, subdivision 1; 245A.66, subdivision 1; 245B.02, subdivision 10; 245B.04; 245B.05, subdivisions 1, 7; 245B.07, subdivisions 5, 9, 10; 245C.04; 245C.05, subdivision 6; 245C.08, subdivision 1; 245C.16, subdivision 1; 245C.20, subdivision 1; 245C.22, subdivision 1; 245C.23, subdivision 2; 245C.28, subdivisions 1, 3; 245C.29, subdivision 2; 254B.05, subdivision 5; 256.01, subdivision 18d; 256.045, subdivision 3b; 268.19, subdivision 1; 471.346; repealing Minnesota Statutes 2012, sections 245B.02, subdivision 8a; 245B.07, subdivision 7a.
The bill was read for the first time.
Abeler moved that S. F. No. 1340 and H. F. No. 1114, now on the General Register, be referred to the Chief Clerk for comparison. The motion prevailed.
Murphy, E., moved that the House recess
subject to the call of the Chair. The
motion prevailed.
RECESS
RECONVENED
The House reconvened and was called to
order by the Speaker.
The following Conference Committee Report
was received:
CONFERENCE COMMITTEE REPORT ON H. F. NO. 681
A bill for an act relating to civil actions; changing the limitation period for civil actions involving sexual abuse; amending Minnesota Statutes 2012, section 541.073.
May 16, 2013
The Honorable Paul Thissen
Speaker of the House of Representatives
The Honorable Sandra L. Pappas
President of the Senate
We, the undersigned conferees for H. F. No. 681 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. 681 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2012, section 541.073, is amended to read:
541.073
ACTIONS FOR DAMAGES DUE TO SEXUAL ABUSE; SPECIAL PROVISIONS.
Subdivision 1. Definition. As used in this section,:
(1) "sexual abuse" means
conduct described in sections 609.342 to 609.345 609.3451; and
(2) "person" includes a natural person, corporation, limited liability company, partnership, organization, association, or other entity.
Subd. 2. Limitations
period. (a) An action for damages
based on personal injury caused by sexual abuse: (1) must be commenced within six years of
the time the plaintiff knew or had reason to know that the injury was caused
by the sexual abuse alleged sexual abuse in the case of alleged
sexual abuse of an individual 18 years or older; (2) may be commenced
at any time in the case of alleged sexual abuse of an individual under the age
of 18, except as provided for in subdivision 4; and (3) must be commenced
before the plaintiff is 24 years of age in a claim against a natural person
alleged to have sexually abused a minor when that natural person was under 14
years of age.
(b) The plaintiff need not establish which act in a continuous series of sexual abuse acts by the defendant caused the injury.
(c) The knowledge of a parent or
guardian may not be imputed to a minor.
(d) (c) This section does
not affect the suspension of the statute of limitations during a period of
disability under section 541.15.
Subd. 3. Applicability. This section applies to an action for
damages commenced against a person who caused was a cause of the
plaintiff's personal injury damages either by (1) committing
sexual abuse against the plaintiff, or (2) negligently permitting sexual
abuse against the plaintiff to occur negligence.
Subd. 4. Vicarious
liability or respondeat superior claims.
A claim for vicarious liability or liability under the doctrine
of respondeat superior must be commenced within six years of the alleged sexual
abuse, provided that if the plaintiff was under the age of 18 at the time of
the alleged abuse, the claim must be commenced before the plaintiff is 24 years
of age. This subdivision does not limit
the availability of these claims under other law.
Subd. 5. Title. This section may be cited as the
"Child Victims Act."
EFFECTIVE DATE; APPLICABILITY. (a) This section is effective the day following
final enactment. Except as provided in
paragraph (b), this section applies to actions that were not time-barred before
the effective date.
(b) Notwithstanding any other provision of law, in the case of alleged sexual abuse of an individual under the age of 18, if the action would otherwise be time-barred under a previous version of Minnesota Statutes, section 541.073, or other time limit, an action for damages against a person, as defined in Minnesota Statutes, section 541.073, subdivision 1, clause (2), may be commenced no later than three years following the effective date of this section. This paragraph does not apply to a claim for vicarious liability or respondeat superior, but does apply to other claims, including negligence. This paragraph applies to actions pending on or commenced on or after the effective date."
Delete the title and insert:
"A bill for an act relating to civil actions; changing the limitation period for civil actions involving sexual abuse; amending Minnesota Statutes 2012, section 541.073."
We request the adoption of this report and repassage of the bill.
House Conferees: Steve Simon, Ryan Winkler and Jim Abeler.
Senate Conferees: Ron Latz, John A. Hoffman and Karin Housley.
Simon moved that the report of the
Conference Committee on H. F. No. 681 be adopted and that the
bill be repassed as amended by the Conference Committee. The motion prevailed.
H. F. No. 681, A
bill for an act relating to civil actions; changing the limitation period for
civil actions involving sexual abuse; amending Minnesota Statutes 2012, section
541.073.
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 123 yeas and 3 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Erhardt
Erickson, R.
Fabian
Falk
Faust
Fischer
Franson
Freiberg
Fritz
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kieffer
Kiel
Laine
Leidiger
Lenczewski
Lesch
Lien
Lillie
Loeffler
Lohmer
Loon
Mahoney
Mariani
Marquart
Masin
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Murphy, E.
Murphy, M.
Myhra
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zellers
Zerwas
Spk. Thissen
Those who voted in the negative were:
Drazkowski
FitzSimmons
McDonald
The bill was repassed, as amended by
Conference, and its title agreed to.
CALENDAR FOR THE DAY
S. F. No. 561, A bill for
an act relating to commerce; regulating building and construction contracts;
prohibiting certain agreements to insure; amending Minnesota Statutes 2012,
section 337.05, subdivision 1.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 128 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
FitzSimmons
Franson
Freiberg
Fritz
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kieffer
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Murphy, E.
Murphy, M.
Myhra
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zellers
Zerwas
Spk. Thissen
The
bill was passed and its title agreed to.
The Speaker called Hortman to the Chair.
H. F. No. 183 was reported
to the House.
Holberg moved to amend H. F. No. 183, the first engrossment, as follows:
Page 1, delete section 1
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
Schoen moved to amend H. F. No. 183, the first engrossment, as amended, as follows:
Page 3, line 33, before the first "The" insert "(c)"
Page 3, line 33, delete everything after the period
Page 3, delete lines 34 to 36
Page 4, delete lines 1 to 3
A roll call was requested and properly
seconded.
The question was taken on the Schoen
amendment and the roll was called. There
were 75 yeas and 52 nays as follows:
Those who voted in the affirmative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Davnie
Dehn, R.
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Gunther
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Murphy, E.
Murphy, M.
Newton
Norton
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Woodard
Yarusso
Zerwas
Spk. Thissen
Those who voted in the negative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Kelly
Kieffer
Kiel
Kresha
Leidiger
Lohmer
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Wills
The motion prevailed and the amendment was
adopted.
H. F. No. 183, A bill for
an act relating to data practices; enhancing certain penalties and procedures
related to unauthorized access to data by a public employee; amending Minnesota
Statutes 2012, sections 13.05, subdivision 5; 13.055; 13.09; 299C.40,
subdivision 4.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of the bill and the
roll was called. There were 132 yeas and
0 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
FitzSimmons
Franson
Freiberg
Fritz
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kieffer
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Peppin
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zellers
Zerwas
Spk. Thissen
The
bill was passed, as amended, and its title agreed to.
Wills was excused between the hours of
11:55 a.m. and 4:25 p.m.
H. F. No. 474 was reported
to the House.
Holberg moved to amend H. F. No. 474, the first engrossment, as follows:
Page 1, after line 6, insert:
"Section 1. Minnesota Statutes 2012, section 13.05, subdivision 5, is amended to read:
Subd. 5. Data
protection. (a) The responsible
authority shall:
(1) establish procedures to assure that
all data on individuals is accurate, complete, and current for the purposes for
which it was collected; and
(2) establish appropriate security
safeguards for all records containing data on individuals, including
procedures for ensuring that data that are not public are only accessible to
persons whose work assignment reasonably requires access to the data, and is
only being accessed by those persons for purposes described in the procedure;
and
(3) develop a policy incorporating these procedures, which may include a model policy governing access to the data if sharing of the data with other government entities is authorized by law.
(b) When not public data is being disposed of, the data must be destroyed in a way that prevents its contents from being determined.
Sec. 2. Minnesota Statutes 2012, section 13.055, is amended to read:
13.055
STATE AGENCIES; DISCLOSURE OF BREACH IN SECURITY; NOTIFICATION AND
INVESTIGATION REPORT REQUIRED.
Subdivision 1. Definitions. For purposes of this section, the following terms have the meanings given to them.
(a) "Breach of the security of the
data" means unauthorized acquisition of or access to data
maintained by a state agency government entity that compromises
the security and classification of the data.
Good faith acquisition of or access to government data by an
employee, contractor, or agent of a state agency government entity
for the purposes of the state agency entity is not a breach of
the security of the data, if the government data is not provided to or
viewable by an unauthorized person, or accessed for a purpose not
described in the procedures required by section 13.05, subdivision 5. For purposes of this paragraph, data
maintained by a government entity includes data maintained by a person under a
contract with the government entity that provides for the acquisition of or
access to the data by an employee, contractor, or agent of the government
entity.
(b) "Contact information" means
either name and mailing address or name and e-mail address for each individual
who is the subject of data maintained by the state agency government
entity.
(c) "Unauthorized acquisition" means that a person has obtained or viewed government data without the informed consent of the individuals who are the subjects of the data or statutory authority and with the intent to use the data for nongovernmental purposes.
(d) "Unauthorized person" means
any person who accesses government data without permission or without a
work assignment that reasonably requires the person to have access to
the data, or regardless of the person's work assignment, for a purpose
not described in the procedures required by section 13.05, subdivision 5.
Subd. 2. Notice
to individuals; investigation report.
(a) A state agency government entity that
collects, creates, receives, maintains, or disseminates private or confidential
data on individuals must disclose any breach of the security of the data
following discovery or notification of the breach. Notification must be made to any individual
who is the subject of the data and whose private or confidential data was, or
is reasonably believed to have been, acquired by an unauthorized person and
must inform the individual that a report will be prepared under paragraph (b),
how the individual may obtain access to the report, and that the individual may
request delivery of the report by mail or e-mail. The disclosure must be made in the most
expedient time possible and without unreasonable
delay, consistent with (1) the legitimate needs of a law enforcement agency as provided in subdivision 3; or (2) any
measures necessary to determine the scope of the breach and restore the
reasonable security of the data.
(b) Upon completion of an investigation
into any breach in the security of data, including exhaustion of all rights of
appeal under any applicable collective bargaining agreement or other law, the
responsible authority shall prepare a report on the facts and results of the
investigation. If the breach involves
unauthorized access to or acquisition of data by an employee, contractor, or
agent of the government entity, the report must at a minimum include:
(1) a description of the data that were
accessed or acquired; and
(2) if disciplinary action was taken
against an employee:
(i) the number of individuals
whose data was improperly accessed or acquired;
(ii) the name of each employee
determined responsible for the unauthorized access or acquisition; and
(iii) the final disposition of the
disciplinary action taken against the employee in response.
The report must not include data that are not public under other law. The report is public and must be posted on the government entity's Web site, if the government entity maintains a Web site, and provided to an individual who received the notification under paragraph (a) and requested delivery of the report. If the government entity does not maintain a Web site, the report must be posted on the principal bulletin board of the government entity or, if the government entity does not have a principal bulletin board, on the door of its usual meeting room.
Subd. 3. Delayed notice. The notification required by this section may be delayed if a law enforcement agency determines that the notification will impede an active criminal investigation. The notification required by this section must be made after the law enforcement agency determines that it will not compromise the investigation.
Subd. 4. Method of notice. Notice under this section may be provided by one of the following methods:
(a) written notice by first class mail to each affected individual;
(b) electronic notice to each affected individual, if the notice provided is consistent with the provisions regarding electronic records and signatures as set forth in United States Code, title 15, section 7001; or
(c) substitute notice, if the state
agency government entity demonstrates that the cost of providing the
written notice required by paragraph (a) would exceed $250,000, or that the
affected class of individuals to be notified exceeds 500,000, or the state
agency government entity does not have sufficient contact
information. Substitute notice consists
of all of the following:
(i) e-mail notice if the state agency
government entity has an e-mail address for the affected individuals;
(ii) conspicuous posting of the notice on
the Web site page of the state agency government entity, if the state
agency government entity maintains a Web site; and
(iii) notification to major media outlets that reach the general public within the government entity's jurisdiction.
Subd. 5. Coordination
with consumer reporting agencies. If
the state agency government entity discovers circumstances
requiring notification under this section of more than 1,000 individuals at one
time, the state agency government entity must also notify,
without unreasonable delay, all consumer reporting agencies that compile and
maintain files on consumers on a nationwide basis, as defined in United States
Code, title 15, section 1681a, of the timing, distribution, and content of the
notices.
Subd. 6. Security assessments. At least annually, each government entity shall conduct a comprehensive security assessment of any personal information maintained by the government entity. For the purposes of this subdivision, personal information is defined under section 325E.61, subdivision 1, paragraphs (e) and (f).
EFFECTIVE
DATE. This section is
effective August 1, 2013, and applies to security breaches occurring on or
after that date.
Sec. 3. Minnesota Statutes 2012, section 13.09, is amended to read:
13.09
PENALTIES.
(a) Any person who willfully violates the provisions of this chapter or any rules adopted under this chapter or whose conduct constitutes the knowing unauthorized acquisition of not public data, as defined in section 13.055, subdivision 1, is guilty of a misdemeanor.
(b) Willful violation of
this chapter by, including any action subject to a criminal penalty
under paragraph (a), by any public employee constitutes just cause for
suspension without pay or dismissal of the public employee.
EFFECTIVE DATE. This section is effective August 1, 2013, and
applies to crimes committed on or after that date."
Page 2, after line 10, insert:
"Sec. 5. Minnesota Statutes 2012, section 299C.40, subdivision 4, is amended to read:
Subd. 4. Data classification; general rule; changes in classification; audit trail. (a) The classification of data in the law enforcement agency does not change after the data is submitted to CIBRS. If CIBRS is the only source of data made public by section 13.82, subdivisions 2, 3, 6, and 7, data described in those subdivisions must be downloaded and made available to the public as required by section 13.03.
(b) Data on individuals created, collected, received, maintained, or disseminated by CIBRS is classified as confidential data on individuals as defined in section 13.02, subdivision 3, and becomes private data on individuals as defined in section 13.02, subdivision 12, as provided by this section.
(c) Data not on individuals created, collected, received, maintained, or disseminated by CIBRS is classified as protected nonpublic data as defined in section 13.02, subdivision 13, and becomes nonpublic data as defined in section 13.02, subdivision 9, as provided by this section.
(d) Confidential or protected nonpublic data created, collected, received, maintained, or disseminated by CIBRS must automatically change classification from confidential data to private data or from protected nonpublic data to nonpublic data on the earlier of the following dates:
(1)
upon receipt by CIBRS of notice from a law enforcement agency that an
investigation has become inactive; or
(2) when the data has not been updated by the law enforcement agency that submitted it for a period of 120 days.
(e) For the purposes of this section, an investigation becomes inactive upon the occurrence of any of the events listed in section 13.82, subdivision 7, clauses (a) to (c).
(f) Ten days before making a data classification change because data has not been updated, CIBRS must notify the law enforcement agency that submitted the data that a classification change will be made on the 120th day. The notification must inform the law enforcement agency that the data will retain its classification as confidential or protected nonpublic data if the law enforcement agency updates the data or notifies CIBRS that the investigation is still active before the 120th day. A new 120-day period begins if the data is updated or if a law enforcement agency notifies CIBRS that an active investigation is continuing.
(g) A law enforcement agency that submits data to CIBRS must notify CIBRS if an investigation has become inactive so that the data is classified as private data or nonpublic data. The law enforcement agency must provide this notice to CIBRS within ten days after an investigation becomes inactive.
(h) All queries and responses and all actions in which data is submitted to CIBRS, changes classification, or is disseminated by CIBRS to any law enforcement agency must be recorded in the CIBRS audit trail.
(i) Notwithstanding paragraphs (b) and (c), the name of each law enforcement agency that submits data to CIBRS, and a general description of the types of data submitted by the agency, are public."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
Schoen moved to amend the Holberg amendment to H. F. No. 474, the first engrossment, as follows:
Page 3, line 5, before the first "The" insert "(c)" and delete everything after the period
Page 3, delete lines 6 to 11
The
motion prevailed and the amendment to the amendment was adopted.
The question recurred on the Holberg
amendment, as amended, to H. F. No. 474, the first
engrossment. The motion prevailed and the amendment, as
amended, was adopted.
Hilstrom moved to amend H. F. No. 474, the first engrossment, as amended, as follows:
Page 1, line 13, delete "must not be" and insert "may be retained for no longer than 180 days,"
Page 1, line 14, delete "retained, in any format,"
A roll call was requested and properly
seconded.
The question was taken on the Hilstrom
amendment and the roll was called. There
were 38 yeas and 90 nays as follows:
Those who voted in the affirmative were:
Benson, J.
Bernardy
Brynaert
Clark
Dehn, R.
Dorholt
Erickson, R.
Faust
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hortman
Huntley
Isaacson
Johnson, B.
Johnson, S.
Lenczewski
Lillie
Mariani
Masin
McNamar
Mullery
Nelson
Newton
Persell
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simonson
Slocum
Uglem
Ward, J.A.
Ward, J.E.
Yarusso
Those who voted in the negative were:
Abeler
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, M.
Bly
Carlson
Cornish
Daudt
Davids
Dean, M.
Dettmer
Dill
Drazkowski
Erhardt
Erickson, S.
Fabian
Falk
Fischer
FitzSimmons
Franson
Freiberg
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, C.
Kahn
Kelly
Kieffer
Kiel
Kresha
Laine
Leidiger
Lesch
Liebling
Lien
Loeffler
Lohmer
Loon
Mack
Mahoney
Marquart
McDonald
McNamara
Melin
Metsa
Morgan
Murphy, E.
Murphy, M.
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Paymar
Pelowski
Peppin
Petersburg
Poppe
Pugh
Quam
Radinovich
Runbeck
Sanders
Schomacker
Scott
Simon
Sundin
Swedzinski
Theis
Torkelson
Urdahl
Wagenius
Winkler
Woodard
Zellers
Zerwas
The motion did not prevail and the
amendment was not adopted.
H. F. No. 474,
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 128 yeas and 4 nays as follows:
Those who voted in the affirmative were:
Abeler
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, S.
Fabian
Falk
Faust
Fischer
FitzSimmons
Franson
Freiberg
Fritz
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hoppe
Hornstein
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kieffer
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Peppin
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Woodard
Yarusso
Zellers
Zerwas
Spk. Thissen
Those who voted in the negative were:
Erickson, R.
Hortman
Mullery
Newton
The bill was passed, as amended, and its
title agreed to.
Scott was excused between the hours of 1:05
p.m. and 8:55 p.m.
H. F. No. 270 was reported
to the House.
Hausman moved to amend H. F. No. 270, the second engrossment, as follows:
Delete everything after the enacting clause and insert:
"ARTICLE 1
CAPITAL IMPROVEMENTS
|
Section 1. CAPITAL
IMPROVEMENT APPROPRIATIONS. |
The sums shown in the column under "Appropriations"
are appropriated from the bond proceeds fund, or another named fund, to the
state agencies or officials indicated, to be spent for public purposes. Appropriations of bond proceeds must be spent
as authorized by the Minnesota Constitution, article XI, section 5, paragraph
(a), to acquire and better public land and buildings and other public
improvements of a capital nature, or as authorized by the Minnesota
Constitution, article XI, section 5, paragraphs (b) to (j), or article XIV. Unless otherwise specified, money
appropriated in this act for a capital program or project may be used to pay
state agency staff costs that are attributed directly to the capital program or
project in accordance with accounting policies adopted by the commissioner of
management and budget. Unless otherwise
specified, the appropriations in this act are available until the project is
completed or abandoned subject to Minnesota Statutes, section 16A.642.
|
Sec. 2. UNIVERSITY
OF MINNESOTA |
|
|
|
|
|
Subdivision 1. Total
Appropriation |
|
|
|
$99,297,000 |
To the Board of Regents of the University
of Minnesota for the purposes specified in this section.
|
Subd. 2. Higher Education Asset Preservation and Replacement (HEAPR) |
|
|
25,000,000
|
To be
spent in accordance with Minnesota Statutes, section 135A.046.
|
Subd. 3. Crookston
|
|
|
|
1,130,000
|
To engineer, predesign, and design the
renovation and expansion of the existing campus wellness and recreational
center at the University of Minnesota, Crookston.
|
Subd. 4. Eddy
Hall Renovation, Minneapolis |
|
|
|
9,667,000
|
To design, construct, furnish, and equip
the renovation of Eddy Hall on the Minneapolis campus for the international and
transfer student admissions programs and to improve space utilization by
decommissioning obsolete space.
|
Subd. 5. Tate
Laboratory Renovation, Minneapolis |
|
|
|
6,000,000
|
To design the renovation of the Tate Laboratory of Physics on the Minneapolis campus for use by the College of Science and Engineering.
|
Subd. 6. James Ford Bell Natural History Museum and Planetarium, St. Paul |
|
|
47,500,000
|
To complete the design of and to
construct, furnish, and equip a new James
Ford Bell Natural History Museum on the St. Paul campus.
|
Subd. 7. Laboratory
Replacement, St. Paul |
|
|
|
4,000,000
|
To design new laboratory facilities on the
St. Paul campus to replace obsolete facilities, renovate current
facilities, and decommission space not suited for research.
|
Subd. 8. Research
Facility Improvements |
|
|
|
6,000,000
|
To replace the Bee Research Facility in
the College of Food, Agricultural and Natural Resources, and to replace the
obsolete greenhouses used by the College of Biological Sciences.
|
Subd. 9. University
Share |
|
|
|
|
Except for Higher Education Asset
Preservation and Replacement (HEAPR) and the Bell Museum, the appropriations in
this section are intended to cover approximately two-thirds of the cost of each
project. The remaining costs must be
paid from university sources.
|
Subd. 10. Unspent
Appropriations |
|
|
|
|
Upon substantial completion of a project
authorized in this section and after written notice to the commissioner of
management and budget, the Board of Regents must use any money remaining in the
appropriation for that project for HEAPR under Minnesota Statutes, section
135A.046. The Board of Regents must
report by February 1 of each even-numbered year to the chairs of the house of
representatives and senate committees with jurisdiction over capital investment
and higher education finance, and to the chairs of the house of representatives
Ways and Means Committee and the senate Finance Committee, on how the remaining
money has been allocated or spent.
|
Sec. 3. MINNESOTA STATE COLLEGES AND UNIVERSITIES |
|
|
|
|
Subdivision 1. Total
Appropriation |
|
|
|
$94,632,000 |
To the Board of Trustees of the Minnesota
State Colleges and Universities for the purposes specified in this section.
|
Subd. 2. Higher Education Asset Preservation and Replacement (HEAPR) |
|
|
35,000,000
|
To be spent in accordance with Minnesota
Statutes, section 135A.046.
|
Subd. 3. Central
Lakes College, Staples |
|
|
|
1,736,000
|
To complete the design of and to renovate,
furnish, and equip Staples main campus spaces for science, technology, and math
initiatives, agriculture, and energy programs, and to replace HVAC systems.
|
Subd. 4. Metropolitan
State University |
|
|
|
33,800,000
|
To complete the design of and to
construct, furnish, and equip the science education center on the campus of
Metropolitan State University.
|
Subd. 5. Minnesota State Community and Technical College, Moorhead |
|
|
5,210,000
|
To complete the design of and to renovate,
furnish, and equip existing space, and to design, construct, furnish, and equip
an addition with new laboratories, to replace HVAC systems, and to demolish an
obsolete facilities building.
|
Subd. 6. Riverland Community College, Albert Lea |
|
|
3,083,000
|
To complete the design of and to renovate,
furnish, and equip the Main Building for multiuse classroom space, demolish the
obsolete Gateway Building, and replace HVAC systems.
|
Subd. 7. Rochester Community and Technical College |
|
|
900,000
|
To complete the design of the renovation of
classrooms, including replacement of the heating, ventilating, and air
conditioning systems.
|
Subd. 8. Winona
State University |
|
|
|
5,828,000
|
To design, renovate, remodel, furnish, and
equip classrooms to introduce advanced teaching and evaluation techniques to
better prepare future teachers and teachers and educational leaders for the
needs of future schools.
|
Subd. 9. Systemwide Science, Technology, Engineering, and Math Initiatives |
|
|
2,700,000
|
To design, renovate, furnish, and equip
science laboratories and classrooms at the following campuses: Century College; Minnesota State University, Moorhead;
Northeast Higher Education District, Itasca Community College; and Mesabi Range
Community and Technical College, Eveleth.
Campuses may use internal and nonstate
money to increase the size of the projects.
|
Subd. 10. Systemwide
Classroom Renovations |
|
|
|
2,675,000
|
To design, renovate, furnish, and equip
space for classrooms to meet workforce training needs. This appropriation may be used at the
following campuses: Century College;
Inver Hills Community College; Northeast Higher Education District, Vermilion
Community College; and Saint Paul College.
|
Subd. 11. Systemwide Energy Occupations Initiative |
|
|
3,700,000
|
To design, renovate, demolish, construct,
furnish, and equip space for workforce training and programs for energy and sustainable
development. This appropriation may be
used at the following
campuses: Century College; Minnesota West Community and
Technical College, Canby and Jackson; and Northeast Higher Education District,
Itasca Community College.
|
Subd. 12. Debt
Service |
|
|
|
|
(a) Except as provided in paragraph (b),
the Board of Trustees shall pay the debt service on one-third of the principal
amount of state bonds sold to finance projects authorized by this section. After each sale of general obligation bonds,
the commissioner of management and budget shall notify the board of the amounts
assessed for each year for the life of the bonds.
(b) The board need not pay debt service on
bonds sold to finance Higher Education Asset Preservation and Replacement
(HEAPR). Where a nonstate match is
required, the debt service is due on a principal amount equal to one-third of
the total project cost, less the match committed before the bonds are sold.
(c) The commissioner of management and
budget shall reduce the board's assessment each year by one-third of the net
income from investment of general obligation bond proceeds in proportion to the
amount of principal and interest otherwise required to be paid by the board. The board shall pay its resulting net
assessment to the commissioner of management and budget by December 1 each year. If the board fails to make a payment when
due, the commissioner of management and budget shall reduce allotments for
appropriations from the general fund otherwise available to the board and apply
the amount of the reduction to cover the missed debt service payment. The commissioner of management and budget
shall credit the payments received from the board to the bond debt service
account in the state bond fund each December 1 before money is transferred from
the general fund under Minnesota Statutes, section 16A.641, subdivision 10.
|
Subd. 13. Unspent
Appropriations |
|
|
|
|
(a) Upon substantial completion of a
project authorized in this section and after written notice to the commissioner
of management and budget, the board must use any money remaining in the
appropriation for that project for Higher Education Asset Preservation and
Replacement (HEAPR) under Minnesota Statutes, section 135A.046. The Board of Trustees must report by February
1 of each even-numbered year to the chairs of the house of representatives and
senate committees with jurisdiction over capital investment and higher
education finance, and to the chairs of the house of representatives Ways and
Means Committee and the senate Finance Committee, on how the remaining money
has been allocated or spent.
(b) The unspent portion of an
appropriation for a project in this section that is complete is available for
HEAPR under this subdivision, at the same campus as the project for which the
original appropriation was made and the debt service requirement under
subdivision 12 is reduced accordingly. Minnesota
Statutes, section 16A.642, applies from the date of the original appropriation
to the unspent amount transferred.
|
Sec. 4. EDUCATION
|
|
|
|
|
|
Subdivision 1. Total
Appropriation |
|
|
|
$8,491,000 |
To the commissioner of education or
another named agency for the purposes specified in this section.
|
Subd. 2. Library Accessibility and Improvement Grants |
|
|
1,500,000
|
For library accessibility and improvement
grants under Minnesota Statutes, section 134.45.
|
Subd. 3. School Energy Conservation Grant Program |
|
|
1,500,000
|
To the commissioner of commerce for the
school energy conservation grant program under new Minnesota Statutes, sections
216C.371 and 216C.372.
|
Subd. 4. Independent School District No. 38, Red Lake |
|
|
5,491,000
|
From the maximum effort school loan fund
for a capital loan to Independent School District No. 38, Red Lake, as
provided in Minnesota Statutes, sections 126C.60 to 126C.72, to design,
construct, furnish, and equip renovation of existing facilities and
construction of new facilities. The
project paid for with this appropriation includes a portion of the renovation
and construction identified in the review and comment performed by the
commissioner of education under the capital loan provisions of Minnesota
Statutes, section 126C.69. This portion
includes renovation and construction of a single kitchen and cafeteria to serve
the high school and middle school, a receiving area and dock and adjacent
drives, utilities, and grading. Before
any capital loan contract is approved under this authorization, the district
must provide documentation acceptable to the commissioner on how the capital
loan will be used. If any portion of the
appropriation remains after completion of the identified project components,
the district may, with the commissioner's approval, use the money for other
items identified in the review and comment submission.
|
Sec. 5. MINNESOTA
STATE ACADEMIES |
|
|
|
$810,000 |
To the commissioner of administration to
design a new residence hall on the Minnesota State Academy for the Deaf campus,
including approximately 60 parking spaces.
|
Sec. 6. NATURAL
RESOURCES |
|
|
|
|
|
Subdivision 1. Total
Appropriation |
|
|
|
$66,785,000 |
To the commissioner of natural resources
for the purposes specified in this section.
|
Subd. 2. Natural
Resources Asset Preservation |
|
|
|
1,720,000
|
For the renovation of state-owned
facilities and recreational assets operated by the commissioner of natural
resources to be spent in accordance with Minnesota Statutes, section 84.946.
The commissioner may use this
appropriation to replace buildings if, considering the embedded energy in the
building, that is the most energy-efficient and carbon-reducing method of
renovation.
|
Subd. 3. Flood
Hazard Mitigation |
|
|
|
25,000,000
|
(a) For the state share of flood hazard
mitigation grants for publicly owned capital improvements to prevent or
alleviate flood damage under Minnesota Statutes, section 103F.161.
(b) Levee projects, to the extent
practical, shall meet the state standard of three feet above the 100-year flood
elevation.
(c) Project priorities shall be determined
by the commissioner as appropriate and based on need, and to the extent
possible, address needs in the Moorhead area first.
(d) This appropriation includes money for
the following county, township, and municipal projects as prioritized by the
commissioner: Ada, Afton, Alvarado,
Argyle, Austin, Borup, Breckenridge, Browntown, Climax, Crookston, Delano,
Granite Falls, Inver Grove Heights, Maynard, Melrose, Minneota, Minnesota River
Area II, Montevideo, Moorhead, Newport, Nielsville, Oakport Township, Oslo, Roseau,
Rushford, St. Vincent, and Shelly.
(e) This appropriation includes money for
the following watershed projects: North
Ottawa, Bois de Sioux Watershed District; Quick, Two Rivers Watershed District;
Redpath, Bois de Sioux Watershed District; Roseau Wildlife Management Area,
Roseau River Watershed District; and Shell Rock Watershed District.
(f) For any project listed in
this subdivision that the commissioner determines is not ready to proceed or
does not expend all the money allocated to it, the commissioner may allocate
that project's money to a project on the commissioner's priority list.
(g) To the extent that the cost of a
project exceeds two percent of the median household income in a municipality or
township multiplied by the number of
households in the municipality or township, this appropriation is also for the
local share of the project.
|
Subd. 4. Dam
Renovation |
|
|
|
5,500,000
|
(a) $2,400,000 is for a grant to Blue
Earth County under Minnesota Statutes, section 103G.511, for capital improvements
to repair and renovate the Rapidan Dam. Notwithstanding
the match requirements in section 103G.511, this appropriation does not require
a match.
(b) $2,000,000 is for a grant to the city
of Champlin under Minnesota Statutes, section 103G.511, for capital
improvements to repair and renovate the Champlin Mill Pond Dam. Notwithstanding the match requirements in
Minnesota Statutes, section 103G.511, this appropriation does not require a
match.
(c) $1,100,000 is for a grant to the city
of Lanesboro under Minnesota Statutes, section 103G.511, to replace the
Lanesboro dam in Fillmore County. Notwithstanding
the match requirements in Minnesota Statutes, section 103G.511, this
appropriation does not require a match.
|
Subd. 5. State
Trails Development |
|
|
|
15,415,000
|
To acquire land for and to construct and
renovate state trails under Minnesota Statutes, section 85.015. This appropriation includes funding:
(1) up to $2,000,000 is for the Blazing
Star Trail;
(2) up to $2,000,000 is for the Camp
Ripley/Veterans State Trail;
(3) up to $500,000 is for the Casey Jones
Trail;
(4) up to $2,715,000 is for the Cuyuna
Lakes Trail segments from Crosby to Deerwood, Paul Bunyan State Trail to Lum
Park, a segment connecting to the Sagamore Unit of the Cuyuna Country State
Recreation Area; and Paul Bunyan State Trail to Riverton;
(5) up to $600,000 is for the Gateway
Trail for the segment between Scandia and William O'Brien State Park;
(6) up to $1,700,000 is for the
Gitchi-Gami Trail from Grand Marais to the Cascade River;
(7) up to $1,500,000 is to acquire and
develop a five-mile bituminous extension of the Glacial Lakes State Trail in
the city of New London to Sibley State Park, in the County State-Aid Highway 40
corridor, for bicycle and pedestrian use;
(8) up to $300,000 is to acquire and
develop the segment of the Goodhue Pioneer Trail between White Willow and
Goodhue;
(9) up to $3,100,000 is for the Heartland
Trail extension from Detroit Lakes to Frazee and to begin work on the Moorhead
to Buffalo State Park segment;
(10) up to $600,000 for the Mill Towns
Trail segment between Lake Byllesby and the Cannon Valley Trail, and for the
segment between Dundas and Northfield; and
(11) up to $400,000 is for the Minnesota
River Trail between Mankato and St. Peter, and connections to the Sakatah
Singing Hills State Trail and the Red Jacket Trail in Mankato.
For any project listed in this subdivision
that the commissioner determines is not ready to proceed, the commissioner may
reallocate that project's money to another state trail project described in
this section or other state trail infrastructure. The chairs of the house of representatives
and senate committees with jurisdiction over environment and natural resources
and legislators from the affected legislative
districts must be notified of any changes.
|
Subd. 6. Lake Vermilion State Park and Soudan Underground Mine State Park |
|
|
11,000,000
|
For development of the Lake Vermilion
State Park and the Soudan Underground Mine State Park, as provided for in
Minnesota Statutes, section 85.012.
|
Subd. 7. Groundwater Monitoring and Observation Wells |
|
|
1,000,000
|
To install groundwater monitoring wells
for multiple groundwater quantity and quality monitoring purposes by state
agencies, as scientifically and practically appropriate.
|
Subd. 8. Fountain
Lake Restoration |
|
|
|
1,500,000
|
For a grant to the Shell Rock River
Watershed District for engineering, design, permitting, and land acquisition
for sediment removal and cleanup of Fountain Lake.
|
Subd. 9. Spirit
Mountain Recreation Area |
|
|
|
3,400,000
|
For a grant to the Spirit Mountain
Recreation Area Authority to acquire easements, licenses, and other interests
in real property and to engineer, design, permit, and construct works and
systems to transport water from the St. Louis River estuary for commercial
and industrial use. This appropriation
is not available until the authority determines that at least $1,100,000 has
been committed to the project from nonstate sources. Expenditures made on or after September 1,
2011, for this project shall count towards the match from nonstate sources.
|
Subd. 10. Red
River Recreation Area |
|
|
|
250,000
|
To improve campground utilities in the Red
River State Recreational Area in the city of East Grand Forks. These improvements may include expansion of
camping amenities in the form of full hookups, which include water,
electricity, and sewage, but the
appropriation does not include funding of a swimming pool.
|
Subd. 11. Fort
Snelling Upper Post |
|
|
|
2,000,000
|
For construction of streets, sidewalks,
street lighting, storm sewer, sanitary sewer, water main, and other publicly
owned infrastructure to accommodate redevelopment of areas of the Fort Snelling
Upper Post in Hennepin County. The
commissioner of natural resources may make one or more grants to Hennepin
County to undertake part or all of the project.
|
Sec. 7. POLLUTION
CONTROL AGENCY |
|
|
|
$3,100,000 |
To the Pollution Control Agency for the
solid waste capital assistance grants to local governments for the construction
of solid waste resource recovery facilities under Minnesota Statutes, section
115A.54. The commissioner shall, to the
extent possible, address the needs of the Becker County proposal.
|
Sec. 8. BOARD OF WATER AND SOIL RESOURCES |
|
|
$13,300,000 |
|
RIM Conservation Reserve |
|
|
|
|
(a) To acquire conservation easements from
landowners to preserve, restore, create, and enhance wetlands and prairie
grasslands and restore and enhance rivers and streams, riparian lands, and
associated uplands in order to protect soil and water quality, support fish and
wildlife habitat, reduce flood damage, and provide other public benefits. The provisions of Minnesota Statutes, section 103F.515, apply to this
program. Of this appropriation, up to
ten percent may be used to implement the program.
(b)
The board shall give priority to leveraging federal funds by (1) enrolling
targeted new lands eligible for the USDA Wetlands Reserve Program (WRP), or (2)
enrolling lands that have expiring USDA Conservation Reserve Program (CRP)
contracts.
(c) The board is authorized to enter into
new agreements and amend past agreements with landowners as required by
Minnesota Statutes, section 103F.515, subdivision 5, to allow for restoration,
including overseeding and harvesting of native prairie vegetation for use for
energy production in a manner that does not devalue the natural habitat, water
quality benefits, or carbon sequestration functions of the area enrolled in the
easement. This shall occur after seed
production and shall minimize impacts on wildlife. Of this appropriation, up to five percent may
be used for restoration and enhancement, including overseeding.
|
Sec. 9. MINNESOTA ZOOLOGICAL GARDENS |
|
|
$5,250,000 |
To the Minnesota Zoological Garden Board
for capital asset preservation improvements and betterments to infrastructure
and exhibits at the Minnesota Zoo, to be spent in accordance with Minnesota
Statutes, section 16B.307. This
appropriation must be used for repairs to existing state-owned zoo buildings
and grounds so that they remain functional and safe, and for engineering and
architectural design for future enhancements to exhibits, in order to maintain
the zoo's status as one of the state's premier cultural institutions.
|
Sec. 10. ADMINISTRATION
|
|
|
|
|
|
Subdivision 1. Total
Appropriation |
|
|
|
$134,040,000 |
To the commissioner of administration for
the purposes specified in this section.
|
Subd. 2. Capitol
Renovation and Restoration |
|
|
|
109,000,000
|
This appropriation may be used for one or
more of the following purposes:
(1) to complete the design of, and to
construct, repair, improve, renovate, restore, furnish, and equip the State
Capitol building and grounds; including but not limited to exterior stone
repairs and window replacement; asbestos and hazardous materials abatement;
mechanical, electrical, plumbing, and security systems replacement; general
construction, including but not limited to demolition, site improvements, life
safety improvements, accessibility, security and telecommunications; roof
replacement; and finish work; and
(2) to predesign, design,
conduct hazardous materials abatement, construct, repair, renovate, remodel,
furnish, and equip the State Office Building, Administration Building,
Centennial Office Building, 321 Grove Street Building, and other buildings and
parking facilities located on the Capitol campus as determined by the
commissioner of administration to meet temporary and permanent office, storage,
parking, and other space needs occasioned by and in furtherance of an efficient
restoration of the State Capitol Building and for the efficient and effective
function of the tenants currently located in the Capitol Building. The commissioner of administration must not
construct or place any temporary or permanent building, structure, or facility
for offices, parking, storage or other use, on park land or green space in the
Capitol campus.
|
Subd. 3. Relocation
Expenses |
|
|
|
1,860,000
|
For rent loss and relocation expenses
related to the Capitol renovation project.
This appropriation is from the general fund. Notwithstanding Minnesota Statutes, section
16A.642, this appropriation is available until June 30, 2015. The base for this appropriation is $1,380,000
in fiscal year 2016, $960,000 in fiscal year 2017, and $0 after that.
|
Subd. 4. Parking
Facilities |
|
|
|
22,680,000
|
To design, construct, furnish, and equip one or more parking facilities in the Capitol complex to accommodate up to 680 parking stalls, with a net replacement of approximately 675 parking stalls, including to address temporary parking needed during construction of permanent parking facilities.
The parking facilities developed with this appropriation are exempt from the requirements for design competition under Minnesota Statutes, section 15B.10.
Notwithstanding any law to the contrary,
under Minnesota Statutes, sections 16C.32 and 16C.33, if the commissioner
elects to utilize a design-build delivery method to design and construct one or
more parking facilities with this appropriation, the Capital Area Architectural
and Planning Board, in cooperation with the commissioner, shall create a
selection committee to act as the board under Minnesota Statutes, sections
16C.32 and 16C.33. Notwithstanding
Minnesota Statutes, section 16B.33, if the commissioner elects to contract with
a primary designer to design one or more parking facilities with this
appropriation, the Capital Area Architectural and Planning Board, in
cooperation with the commissioner, shall create a selection committee to
conduct the selection process in accordance with the standards in Minnesota
Statutes, chapters 15B and 16B. Notwithstanding
Minnesota Statutes, section 16C.33, subdivision 5, paragraph (b), after
obtaining and evaluating
qualifications from each design-builder, in accordance with the weighted
criteria and subcriteria and procedures set forth in the request for
qualifications, the selection committee shall select a short list of up to five
proposals.
If the commissioner does not receive any
proposals, the commissioner may either (1) solicit new proposals, (2) revise
the request for qualifications and thereafter solicit new proposals using the
revised request for qualifications, or (3) request selection of a primary
designer pursuant to Minnesota Statutes, section 16B.33, 16C.08, or 16C.095,
and proceed with competitive bidding pursuant to Minnesota Statutes, sections
16C.25 to 16C.29.
The bond debt will be user-financed from
parking fees collected and deposited into the state parking account under
Minnesota Statutes, section 16A.643.
|
Subd. 5. Minnesota
Hmong-Lao Veterans Memorial |
|
|
|
500,000
|
To complete design and construction of a
memorial in the Capitol Area to honor all Hmong-Lao veterans of the war in Laos
who were allied with the American forces during the Vietnam War. This appropriation is not available until the
commissioner of management and budget has determined that at least $150,000 has
been committed to the project from nonstate sources. Nonstate funds provided for this project may
also be used to fund only its proportional share of new sidewalks leading to
monuments in the Capitol Area.
|
Sec. 11. MINNESOTA
AMATEUR SPORTS COMMISSION |
|
|
|
|
Subdivision 1. Total
Appropriation |
|
|
|
$7,200,000 |
To the Minnesota Amateur Sports Commission
for the purposes specified in this section.
|
Subd. 2. Southwest Regional Amateur Sports Center |
|
|
4,000,000
|
For a grant to the city of Marshall to
acquire land and prepare a site for, and to design, construct, furnish, and
equip the Southwest Regional Amateur Sports Center in Marshall. This appropriation is not available until the
commissioner of management and budget determines that at least an equal amount
is committed to the project from nonstate sources.
|
Subd. 3. National
Sports Center Expansion |
|
|
|
3,200,000
|
For site development and for the design
and construction of parking lots, roads, athletic fields, and other
infrastructure necessary for expansion of tournament fields at the National
Sports Center in Blaine.
|
Sec. 12. MILITARY
AFFAIRS |
|
|
|
$2,000,000 |
To the adjutant general for asset
preservation improvements and betterments of a capital nature at military
affairs facilities statewide, to be spent in accordance with Minnesota
Statutes, section 16B.307, including life safety improvements, correcting code
deficiencies, and federal Americans with Disabilities Act (ADA) compliance
activities.
|
Sec. 13. TRANSPORTATION
|
|
|
|
|
|
Subdivision 1. Total
Appropriation |
|
|
|
$84,720,000 |
To the commissioner of transportation for
the purposes specified in this section.
|
Subd. 2. Local Bridge Replacement and Rehabilitation |
|
|
20,000,000
|
This appropriation is from the bond
proceeds account in the state transportation fund to match federal money and to
replace or rehabilitate local deficient bridges as provided in Minnesota
Statutes, section 174.50. To the extent
practicable, the commissioner shall expend the funds as provided under
Minnesota Statutes, section 174.50, subdivision 6a, 6b, or 6c.
|
Subd. 3. Local
Road Improvement Fund Grants |
|
|
|
25,000,000
|
This appropriation is from the bond
proceeds account in the state transportation fund as provided in Minnesota
Statutes, section 174.50, for construction and reconstruction of local roads
with statewide or regional significance under Minnesota Statutes, section
174.52, subdivision 4, or for grants to counties to assist in paying the costs
of rural road safety capital improvement projects on county state-aid highways
under Minnesota Statutes, section 174.52, subdivision 4a.
This appropriation includes money for a
grant to Anoka County to complete the final design, land acquisition, and
construction of the interchange of marked U.S. Highway 10 and Anoka County
State-Aid Highway 83 (Armstrong Boulevard) in the city of Ramsey, and for
associated improvements.
$250,000 of this appropriation is for a
grant to Pine Lake Township in Otter Tail
County for improvements to Nitche Lake Road between County Road 8 and County
Road 53 in Pine Lake Township.
|
Subd. 4. Greater
Minnesota Transit |
|
|
|
4,920,000
|
For capital assistance for greater
Minnesota transit systems to be used for transit capital facilities under
Minnesota Statutes, section 174.24, subdivision 3c. Money from this appropriation may be used to
pay up to 80 percent of the nonfederal share of these facilities. Of this appropriation:
$450,000 is for a grant to the
city of Mankato for phase III of the facility improvements;
$800,000 is for a grant to the Rainbow
Rider Transit Board for bus garages in Elbow Lake, Morris, Wheaton, Lowery, and
Alexandria;
$2,000,000 is for a grant to the St. Cloud
Metropolitan Transit Commission for phase I of the metro bus operations center
vehicle storage addition and improvements project; and
$550,000 is for a grant to the Kandiyohi
Area Transit Joint Powers Board for an additional bus storage garage in
Willmar.
|
Subd. 5. Minnesota Valley Regional Railroad Track Rehabilitation |
|
|
3,800,000
|
For a grant to the Minnesota Valley
Regional Rail Authority to rehabilitate and make capital improvements of
portions of railroad track between Norwood-Young America and Hanley Falls. A grant under this section is in addition to
any grant, loan, or loan guarantee for this project made by the commissioner
under Minnesota Statutes, sections 222.46 to 222.62.
Before seeking appropriations in the
future, the authority must seek local contributions from the member counties.
|
Subd. 6. Railroad
Warning Devices Replacement |
|
|
|
1,000,000
|
To design, construct, and equip the
replacement of active highway railroad grade crossing warning devices that have
reached the end of their useful life. The
commissioner shall give priority to Blue Earth County.
|
Subd. 7. Passenger
and Freight Rail |
|
|
|
15,000,000
|
To implement capital improvements and
betterments for intercity passenger rail projects as identified in the
statewide freight and passenger rail plan under Minnesota Statutes, section
174.03, subdivision 1b, which are determined to be eligible for United States
Department of Transportation funding. Notwithstanding
any law to the contrary, a portion or phase of an intercity passenger rail
project may be accomplished with one or more state appropriations and an
intercity passenger rail project need not be completed with any one
appropriation. Capital improvements and
betterments include preliminary engineering, design, engineering, environmental
analysis and mitigation, acquisition of land and right-of-way, and
construction.
This appropriation is also for
environmental analysis, engineering, acquisition of real property or interests
in real property, and construction relating to capacity improvements at the
Hoffman Interlocking/Hoffman Yard in St. Paul as identified in the Minnesota Comprehensive Statewide Freight and
Passenger Rail Plan.
|
Subd. 8. Safe
Routes to School |
|
|
|
2,000,000
|
For grants under Minnesota Statutes,
section 174.40.
|
Subd. 9. Range
Regional Airport |
|
|
|
5,000,000
|
For a grant to the Chisholm-Hibbing
Airport Authority to construct, furnish, and equip improvements and betterments
of a capital nature at the Range Regional Airport terminal. The airport authority must use American-made
steel for this project, unless the airport authority determines that an
exception in Public Law 111-5, section 1605, applies. The capital improvements paid for with this
appropriation may be used as the local contribution required by Minnesota
Statutes, section 360.305, subdivision 4.
|
Subd. 10. Port
Development Assistance |
|
|
|
8,000,000
|
For grants under Minnesota Statutes,
chapter 457A. Any improvements made with
the proceeds of these grants must be publicly owned.
|
Sec. 14. METROPOLITAN
COUNCIL |
|
|
|
|
|
Subdivision 1. Total
Appropriation |
|
|
|
$70,000,000 |
To the
Metropolitan Council for the purposes specified in this section.
|
Subd. 2. Transit
Capital Improvement Program |
|
|
|
50,000,000
|
(a) To advance transit in the metropolitan
area in accordance with the Metropolitan Council's 2030 Transportation Policy
Plan and in consultation with the Counties Transit Improvement Board. This appropriation may be used by the
Metropolitan Council or for grants to metropolitan area political subdivisions
for preliminary engineering, engineering, environmental assessment,
environmental work, design, right-of-way acquisition, and construction for the
Lake Street and I-35W transit station in Minneapolis, and in the following
transit way corridors: Bottineau
Boulevard, East 7th Street in St. Paul, I-94 Gateway, Nicollet Avenue, Red
Rock, Riverview, Robert Street, Rush Line, Snelling Avenue, and Southwest.
(b) The council shall allocate transit
capital development resources so as to achieve geographic balance within the
region to the extent possible.
|
Subd. 3. Metropolitan Regional Parks and Trails Capital Improvements |
|
|
|
|
(a) Springbrook Nature Center, Fridley |
|
|
|
5,000,000 |
For a grant to the city of
Fridley to predesign, design, construct, furnish, and equip the redevelopment
and expansion of the Springbrook Nature Center.
No nonstate match is required.
|
(b) Heritage Village - Rock Island Swing Bridge, Inver Grove Heights |
|
|
3,500,000
|
For a grant to the city of Inver Grove
Heights for public infrastructure improvements and land acquisition in and
adjacent to the Heritage Village Park, the Mississippi River Trail, and the
Rock Island Swing Bridge. These
improvements will include but are not limited to motor vehicle access, utility
service, stormwater treatment, and trail and sidewalk connections. This appropriation is not available until the
commissioner of management and budget has determined that at least an equal
amount has been committed to the project from nonstate sources.
|
(c) Fish Creek Trail, Maplewood |
|
|
|
500,000
|
For a grant to the city of Maplewood to
acquire and develop approximately 70 acres of land along Fish Creek to be
included within the Fish Creek Natural Greenway, a park of regional and
historical significance located in Ramsey County within the Mississippi
National River and Recreation Area. This
appropriation is not available until an
amount sufficient to complete the acquisition is committed to the project from
nonstate sources.
|
(d) Minneapolis Sculpture Garden |
|
|
|
7,000,000
|
For a grant to the Minneapolis Park and
Recreation Board to predesign, design, and construct renovation of the
Minneapolis Sculpture Garden, which displays art owned by the Walker Art
Center, subject to Minnesota Statutes, section 16A.695. The complete renovation will include
improving irrigation, drainage, the parking lot, security, granite
substructures, concrete, and fixtures, in order to update them with more
ecologically sustainable options that are less expensive to maintain;
increasing physical accessibility in accordance with the Americans with
Disabilities Act; transplanting and replacing trees and plant materials; and
improving the mechanical plant, piping, and flooring of the Cowles Conservatory
to permit its flexible reuse in a way that is more ecologically sustainable and
less expensive to maintain.
|
(e) Washington and Dakota Counties Regional Trails |
|
|
|
2,000,000
|
For a grant to Washington County to design
and construct trail bridges and related trails that connect the regional trail
systems of Washington and Dakota Counties.
|
Subd. 4. |
|
|
2,000,000
|
For grants to cities within the
metropolitan area, as defined in Minnesota Statutes, section 473.121,
subdivision 2, for capital improvements in municipal wastewater collection
systems to reduce the amount of inflow and infiltration to the Metropolitan
Council's metropolitan sanitary sewer disposal system. Grants from this appropriation are for up to
50 percent of the cost to mitigate inflow and infiltration in the publicly
owned municipal wastewater collection systems.
The council must award grants based on applications from cities that
identify eligible capital costs and include a timeline for inflow and
infiltration mitigation construction, pursuant to guidelines established by the
council.
|
Sec. 15. HUMAN
SERVICES |
|
|
|
|
|
Subdivision 1. Total
Appropriation |
|
|
|
$42,662,000 |
To the commissioner of administration, or
another named agency, for the purposes specified in this section.
|
Subd. 2. Asset
Preservation |
|
|
|
2,000,000
|
For asset preservation improvements and
betterments of a capital nature at Department of Human Services facilities
statewide, to be spent in accordance with Minnesota Statutes, section 16B.307.
|
Subd. 2. Minnesota Security Hospital -
St. Peter, Phase One |
|
|
36,317,000
|
To complete the design of and to
construct, furnish, and equip the first phase of a two-phase project to remodel
existing, and to develop new, residential, program, activity, and ancillary
facilities for the Minnesota Security Hospital on the upper campus of the St. Peter
Regional Treatment Center. In addition,
phase one includes funding to design phase two of the project. Upon substantial completion of phase one, any
unspent portion of this appropriation is available for phase two.
|
Subd. 3. Remembering
With Dignity |
|
|
|
195,000
|
To the commissioner of human services for
grave markers or memorial monuments for unmarked graves on public land of
deceased residents of state hospitals or regional treatment centers.
|
Subd. 4. Hennepin County; St. David's Center for Child and Family Development |
|
|
3,500,000
|
To the commissioner of human services for
a grant to Hennepin County to acquire land for and to predesign, design,
construct, furnish, and equip the expansion and renovation of the St. David's
Center for Child and Family Development, subject to Minnesota
Statutes, section 16A.695. The center must be used to promote the public
welfare by providing early childhood education and respite care, children's
mental health services, pediatric rehabilitative therapies for children with
special needs, support services for persons with disabilities, foster care
placement, and other interventions for children who are at risk for poor
developmental outcomes or maltreatment. This
appropriation is not available until the commissioner of management and budget
has determined that at least an equal amount has been expended or committed to
the project from nonstate resources.
|
Subd. 5. Maplewood;
Harriet Tubman Center East |
|
|
|
650,000
|
To the commissioner of human services for a
grant to the city of Maplewood to design, renovate, and equip the Harriet
Tubman Center East to be used as a regional safety service center for a
domestic violence shelter, legal services, youth programs, mental and chemical
health services, and community education.
This appropriation is added to the appropriation in Laws 2012, chapter
293, section 18, subdivision 3, for the same purposes.
|
Sec. 16. VETERANS
AFFAIRS |
|
|
|
|
|
Subdivision 1. Total
Appropriation |
|
|
|
$23,250,000 |
To the commissioner of administration for
the purposes specified in this section. The
commissioner must seek to maximize available federal funds and allocate money
appropriated in this section so as to maximize the use of all available federal
funding.
|
Subd. 2. Asset
Preservation |
|
|
|
3,705,000
|
For asset preservation improvements and
betterments of a capital nature at the veterans homes and the Little Falls
veterans cemetery, to be spent in accordance with Minnesota Statutes, section 16B.307. Of this appropriation:
(1) $275,000 is for the Fergus Falls
veterans home;
(2) $1,635,000 is for the Hastings veterans
home;
(3) $770,000 is for the Luverne veterans
home;
(4) $975,000 is for the Silver Bay veterans
home; and
(5) $70,000 is for the Little Falls
veterans cemetery.
|
Subd. 3. Minneapolis Veterans Home Building 17 South |
|
|
18,935,000
|
To complete the design of, perform
hazardous materials abatement for, and demolish the south wing of Building 17
and adjoining buildings, and design, reconstruct, and furnish the new south
wing
of Building 17 and adjoining
buildings as a new skilled nursing building, construct a new distribution and
service tunnel to serve buildings 6, 17 north, and 19, and the future 17 south,
and design, construct, and equip a network and server room, including
installation of new fiber optic lines.
|
Subd. 4. Veterans
Homes Resident Lift System |
|
|
|
385,000
|
To purchase and install fixed asset
ceiling lifts in resident rooms.
|
Subd. 5. All-Veterans
Memorial |
|
|
|
225,000
|
For a grant to Edina to design and
construct the All-Veterans Memorial in the city of Edina, in accordance with
Minnesota Statutes, section 416.01. This
appropriation is not available until the commissioner of management and budget
has determined that at least an equal amount has been committed to the project
from nonstate sources.
|
Sec. 17. CORRECTIONS
|
|
|
|
|
|
Subdivision 1. Total
Appropriation |
|
|
|
$8,187,000 |
To the commissioner of administration for
the purposes specified in this section.
|
Subd. 2. Asset
Preservation |
|
|
|
3,000,000
|
For asset preservation improvements and
betterments of a capital nature at Minnesota correctional facilities statewide,
including providing additional space for sex offender treatment, in accordance
with Minnesota Statutes, section 16B.307.
|
Subd. 3. Minnesota
Correctional Facility - Shakopee |
|
|
|
5,187,000
|
To design, construct, and equip a fence of
decorative iron pickets and masonry piers that will provide essential
components of effective and reliable escape detection and intrusion, including
but not limited to installation of a fence protection alarm system, additional
lighting and security cameras, and renovations of existing facilities required
to accommodate the technology and functionality of the new system.
|
Sec. 18. EMPLOYMENT
AND ECONOMIC DEVELOPMENT |
|
|
|
|
Subdivision 1. Total
Appropriation |
|
|
|
$114,971,000 |
To the commissioner of employment and
economic development for the purposes specified in this section.
|
Subd. 2. Public
Building Accessibility Grants |
|
|
|
450,000
|
For grants to political subdivisions under
Minnesota Statutes, section 116J.434.
|
Subd. 3. Brainerd - Sewer and Water Extension to the Brainerd Lakes Regional Airport |
|
|
5,000,000
|
For a grant to the city of Brainerd to
design, engineer, and construct an extension of water and sanitary sewer
service to the Brainerd Lakes Regional Airport and to replace approximately one
mile of existing sewer to accommodate flow from the airport.
|
Subd. 4. Duluth
|
|
|
|
|
|
(a) NorShor Theatre |
|
|
|
4,950,000
|
For a grant to the Duluth Economic
Development Authority to design, construct, furnish, and equip public
improvements and to provide public access to the historic NorShor Theatre,
including skyway access for connection to nearby public parking, interior
circulation, street and utility improvements, handicapped access, and restoration
of the theater's lobby, entrance, and marquee as part of the overall
restoration of the theater.
This appropriation is not available until
the commissioner of management and budget has determined that at least $2 has
been committed from nonstate sources for private renovation and improvement of
the interior of the theatre and the surrounding structures for every $1 of
state funds, and that sufficient nonstate funds are available to complete both
the state bond-financed portion of the project and the balance of the private
development. Funds invested in the
project by a person receiving state historic tax credits pursuant to Minnesota
Statutes, section 290.0681, shall be deemed nonstate funds for purposes of this
requirement. The city of Duluth and the
Duluth Economic Development Authority may operate a performing arts center and
facilities that provide access to the center, and may enter into a lease or
management agreement, subject to Minnesota Statutes, section 16A.695. The state bond-financed project subject to
Minnesota Statutes, section 16A.695, shall consist only of those improvements
paid for with state general obligation bond proceeds. The state bond-financed property may be
legally described either as a separately platted real estate parcel under a
registered land survey or a condominium unit.
Due to the integrated nature of the overall development, public bidding
shall not be required for the state bond-financed project, provided there shall
be a separate construction contract for this portion of the project, and any
amounts required for this portion of the project, in excess of the bond
appropriation, shall be paid by nonstate sources.
|
(b) Wade Stadium |
|
|
|
250,000
|
For a grant to the city of Duluth to design
improvements to Wade Stadium, including a grandstand and field, with proper
drainage, for a ballpark and public outdoor events facility. This appropriation is not available until the
commissioner determines that at least an equal amount is committed to the
project from nonstate sources.
|
Subd. 5. Fosston
- Second Street Road Improvement |
|
|
|
400,000
|
For a grant to the city of Fosston to
improve Second Street to allow for future development. This work would include removal of
approximately seven blocks of old street, sewer and water lines, and
replacement of sewer and water lines and street construction, to a nine-ton
capacity. This appropriation is not
available until at least an equal amount has been committed to the project from
nonstate sources.
|
Subd. 6. Grand
Rapids - Regional Arts Center |
|
|
|
250,000
|
For a grant to the city of Grand Rapids for
predesign and design of a regional arts center in Grand Rapids. This appropriation is not available until the
commissioner of management and budget determines that at least an equal amount
is committed from nonstate sources.
|
Subd. 7. Mankato - Arena and Events Center Auditorium |
|
|
14,500,000
|
For a grant to the city of Mankato to
design, construct, improve, furnish, and equip the Mankato Arena and to design,
expand, furnish, and equip the adjacent Events Center Auditorium.
This appropriation is not available until
the commissioner of management and budget has determined that at least an equal
amount has been committed to the project from nonstate sources.
|
Subd. 8. Maple
Plain - Street and Utility Project |
|
|
|
930,000
|
For a grant to the city of Maple Plain for
the design, removal, and reconstruction of two city streets including the
replacement of aging sewer and water lines.
This appropriation is not available until at least an equal amount has
been committed to the project from nonstate sources.
|
Subd. 9. Minneapolis - Masonic Temple at Hennepin Center for the Arts |
|
|
3,000,000
|
For a grant to the city of Minneapolis for
improvements and betterments of a capital nature to renovate the historic
Masonic Temple at the Hennepin Center for the Arts, subject to Minnesota
Statutes, section 16A.695.
|
Subd. 10. Park
Rapids Upper Mississippi Center |
|
|
|
2,500,000
|
For a grant to the Park Rapids Economic Development
Authority for acquisition, and to predesign, design, construct, furnish, and
equip the renovation, including hazardous materials abatement, demolition,
health, safety and building code compliance, mechanical systems, and space
restoration, of the historic National Guard Armory Building in downtown Park
Rapids, for use as a regional arts and event center, subject to Minnesota
Statutes, section 16A.695. This
appropriation is not available until the commissioner of management and budget
has determined that an amount sufficient to complete the project is committed
from nonstate sources.
|
Subd. 11. Red
Wing |
|
|
|
|
|
(a) River Renaissance |
|
|
|
1,583,000
|
For a grant to the city of Red Wing for
improvements of a capital nature to the area between Levee Road and the
Mississippi River, extending between Bay Point Drive and Broad Street in Red
Wing. This project includes: reconstruction of Levee Road from Broad
Street to Jackson Street; improvements to storm water, sanitary sewer, and
drinking water infrastructure; replacement of a harbor retaining wall; parking
improvements; lighting improvements; and construction of a segment of the
Riverwalk Trail. This grant is not
available until the commissioner of management and budget determines that an
amount sufficient to complete the project is committed to it from nonstate
sources.
|
(b) Shear-Shredder |
|
|
|
1,950,000
|
For a grant to the city of Red Wing to
acquire and install a shear-shredder to produce refuse-derived fuel.
|
Subd. 12. Rochester
- Mayo Civic Center Complex |
|
|
|
35,000,000
|
For a grant to the city of Rochester to
design, construct, furnish, and equip the renovation and expansion of the Mayo
Civic Center complex and related infrastructure, including but not limited to skyway
access, lighting, parking, and landscaping.
This appropriation is not available until
the commissioner of management and budget has determined that at least an equal
amount has been committed to the project from nonstate sources.
|
Subd. 13. St. Cloud - River's Edge Convention Center |
|
|
10,800,000
|
For a grant to the city of St. Cloud
to predesign, design, construct, furnish, and equip an expansion of the River's
Edge Convention Center, including a parking facility and pedestrian skyway
connection. This appropriation is not available until the
commissioner of management and budget determines that at least $10,100,000 has
been committed to the project from nonstate sources. Amounts expended by the city of St. Cloud
for project costs since July 1, 2010, shall count toward the matching
requirement.
|
Subd. 14. St. Paul
|
|
|
|
|
|
(a) Minnesota Children's Museum |
|
|
|
14,000,000
|
For a grant to the city of St. Paul to
predesign, design, construct, furnish, and equip an expansion and renovation of
the Minnesota Children's Museum, subject to Minnesota Statutes, section 16A.695. The expansion and exhibit upgrades should
incorporate the latest research on early learning, allow for new state-of-the
art education facilities, and increase the capacity of visitors to galleries
and programming areas.
This appropriation is not available until
the commissioner of management and budget has determined that at least an equal
amount has been committed from nonstate sources.
|
(b) Ordway Center for the Performing Arts |
|
|
|
5,000,000
|
This appropriation is added to the
appropriation in Laws 2010, chapter 189, section 21, subdivision 16, paragraph
(b), and is for the same purposes.
|
(c) Twin Cities Public Television Building Renovation |
|
|
|
9,000,000
|
For a grant to the city of St. Paul to
construct and renovate the Twin Cities Public Television Building in downtown St. Paul. This appropriation is not available until at
least an equal amount is committed to the project from nonstate sources.
|
(d) University Enterprise Laboratories |
|
|
|
500,000
|
For a grant to the St. Paul Port
Authority to design phase two of the University Enterprise Laboratories
building in St. Paul, subject to Minnesota Statutes, section 16A.695. Amounts expended to complete phase one of the
University Enterprise Laboratories building since January 1, 2004, shall count
toward the matching requirement.
|
Subd. 15. Thief
River Falls - Public Infrastructure |
|
|
|
1,998,000
|
For a grant to the city of Thief River
Falls to design, construct, and equip sewers, streets, and utility improvements
for a regional development center in Thief River Falls. This appropriation is not available until the
commissioner has determined that at least an additional $1,012,000 has been
committed to the project from nonstate sources.
|
Subd. 16. Truman
- Storm Water Project |
|
|
|
1,350,000
|
For a grant to the city of Truman to
design, construct, and install new storm water lines to two areas of the city
that experience flooding with heavy rain.
This appropriation is not available until the commissioner of management
and budget has determined that at least an equal amount has been committed to
the project from nonstate sources.
|
Subd. 17. Virginia
|
|
|
|
|
|
(a) Utilities relocation |
|
|
|
1,410,000
|
For a grant to the city of Virginia and
the Virginia Public Utilities Commission for engineering and predesign for
relocation of gas, electric, water, sanitary sewer, and storm sewer utilities made
necessary by and in conjunction with the relocation of marked Trunk Highway 53
in Virginia.
|
(b) Mesabi trails relocation |
|
|
|
150,000
|
For a grant to the St. Louis and Lake
Counties Regional Railroad Authority for soil testing and preparation for relocation
of portions of the Mesabi bicycle, snowmobile, and ATV trails that must be
relocated due to the relocation of marked Trunk Highway 53.
|
Sec. 19. PUBLIC
FACILITIES AUTHORITY |
|
|
|
|
|
Subdivision 1. Total
Appropriation |
|
|
|
$41,075,000 |
To the Public Facilities Authority for the
purposes specified in this section.
|
Subd. 2. State
Match for Federal Grants |
|
|
|
8,000,000
|
To match federal grants for the clean
water revolving fund under Minnesota Statutes, section 446A.07, and the
drinking water revolving fund under Minnesota Statutes, section 446A.081. This appropriation must be used for qualified
capital projects.
|
Subd. 3. Wastewater
Infrastructure Funding Program |
|
|
|
20,000,000
|
For
grants to eligible municipalities under the wastewater infrastructure funding
program under Minnesota Statutes, section 446A.072.
|
Subd. 4. Big
Lake Area Sanitary District |
|
|
|
4,500,000
|
For a grant to the Big Lake Area Sanitary
District to construct a pressure sewer
system and force main to convey sewage to the Western Lake Superior Sanitary
District connection in the city of Cloquet.
|
Subd. 5. Voyageurs National Park Clean Water Joint Powers Board |
|
|
8,575,000
|
For grants to Koochiching County, Crane
Lake Sanitary District, or the Voyageurs National Park Clean Water Joint Powers
Board to acquire land for, and to predesign, design, and construct new sanitary
sewer collection systems in Koochiching and St. Louis County. The systems shall address the sanitary sewer
needs and projects in the communities surrounding Voyageurs National Park. This appropriation is not available until the
commissioner of management and budget determines that at least an equal amount
has been committed to the projects from nonstate sources.
|
Sec. 20. MINNESOTA HOUSING FINANCE AGENCY |
|
|
$15,000,000 |
(a) To the Minnesota Housing Finance
Agency for transfer to the housing development fund to finance the costs of
rehabilitation to preserve public housing under Minnesota Statutes, section
462A.202, subdivision 3a. For purposes
of this section, "public housing" means housing for low-income
persons and households financed by the federal government and owned and
operated by the public housing authorities and agencies formed by cities and
counties. Public housing authorities
receiving a public housing assessment composite score of 80 or above are
eligible to receive funding. Priority
must be given to proposals that maximize federal or local resources to finance
the capital costs. The priority in
Minnesota Statutes, section 462A.202, subdivision 3a, for projects to increase
the supply of affordable housing and the restrictions of Minnesota Statutes,
section 462A.202, subdivision 7, do not apply to this appropriation.
(b) In using proceeds of the housing
infrastructure bonds authorized in this article, the agency shall give
consideration to projects that will provide supportive housing for homeless
youth, and for women and children seeking to escape exploitation and
trafficking.
|
Sec. 21. MINNESOTA
HISTORICAL SOCIETY |
|
|
|
|
|
Subdivision 1. Total
Appropriation |
|
|
|
$10,607,000 |
To the Minnesota Historical Society for
the purposes specified in this section.
|
Subd. 2. Historic
Sites Asset Preservation |
|
|
|
750,000
|
For capital improvements and betterments
at state historic sites, buildings, landscaping at historic buildings,
exhibits, markers, and monuments, to be spent in accordance with Minnesota
Statutes, section 16B.307. The society
shall determine project priorities as appropriate based on need.
|
Subd. 3. Oliver
H. Kelley Farm Historic Site |
|
|
|
9,857,000
|
To complete design and to construct,
furnish, and equip the renovation of the Oliver H. Kelley Farm Historic Site,
including the site's visitor center and other essential visitor services and
site operations facilities.
|
Sec. 22. BOND
SALE EXPENSES |
|
|
|
$800,000 |
To the
commissioner of management and budget for bond sale expenses under Minnesota Statutes,
section 16A.641, subdivision 8.
Sec. 23. BOND
SALE SCHEDULE.
The commissioner of management and
budget shall schedule the sale of state general obligation bonds so that,
during the biennium ending June 30, 2015, no more than $1,347,152,000 will need
to be transferred from the general fund to the state bond fund to pay principal
and interest due and to become due on outstanding state general obligation
bonds. During the biennium, before each
sale of state general obligation bonds, the commissioner of management and
budget shall calculate the amount of debt service payments needed on bonds
previously issued and shall estimate the amount of debt service payments that
will be needed on the bonds scheduled to be sold. The commissioner shall adjust the amount of
bonds scheduled to be sold so as to remain within the limit set by this section. The amount needed to make the debt service
payments is appropriated from the general fund as provided in Minnesota
Statutes, section 16A.641.
Sec. 24. BOND
SALE AUTHORIZATION.
Subdivision 1. Bond
proceeds fund. To provide the
money appropriated in this act from the bond proceeds fund, the commissioner of
management and budget shall sell and issue bonds of the state in an amount up
to $792,640,000 in the manner, upon the terms, and with the effect prescribed
by Minnesota Statutes, sections 16A.631 to 16A.675, and by the Minnesota
Constitution, article XI, sections 4 to 7.
Subd. 2. Maximum
effort school loan fund. To
provide the money appropriated in this act from the maximum effort school loan
fund, the commissioner of management and budget shall sell and issue bonds of
the state in an amount up to $5,491,000 in the manner, upon the terms, and with
the effect prescribed by Minnesota Statutes, sections 16A.631 to 16A.675, and
by the Minnesota Constitution, article XI, sections 4 to 7. The proceeds of the bonds, except accrued
interest and any premium received on the sale of the bonds, must be credited to
a bond proceeds account in the maximum effort school loan fund.
Subd. 3. Transportation
fund. To provide the money
appropriated in this act from the state transportation fund, the commissioner
of management and budget shall sell and issue bonds of the state in an amount
up to $45,000,000 in the manner, upon the terms, and with the effect prescribed
by Minnesota Statutes, sections 16A.631 to 16A.675, and by the Minnesota
Constitution, article XI, sections 4 to 7.
The proceeds of the bonds, except accrued interest and any premium
received on the sale of the bonds, must be credited to a bond proceeds account
in the state transportation fund.
Sec. 25. CANCELLATION;
BOND SALE AUTHORIZATION REDUCTION.
The $2,000,000 appropriation in Laws
2009, chapter 93, article 1, section 11, subdivision 7, for the Alexandria aircraft surveillance facility, is canceled. The bond sale authorization in Laws 2009,
chapter 93, article 1, section 21, subdivision 1, is reduced by
$2,000,000.
Sec. 26. Minnesota Statutes 2012, section 12A.16, subdivision 5, is amended to read:
Subd. 5. Waivers
authorized. The requirements of
section 174.50, subdivisions 5, 6, 6a, and to 7, are waived for
grants under subdivision 3.
Sec. 27. Minnesota Statutes 2012, section 16A.641, subdivision 4a, is amended to read:
Subd. 4a. Negotiated
sales; temporary authority. Notwithstanding
the public sale requirements of subdivision 4 and section 16A.66, subdivision
2, from June 1, 2009, until June 30, 2013, the commissioner may sell
bonds, including refunding bonds, at negotiated sale.
Sec. 28. Minnesota Statutes 2012, section 16B.335, subdivision 1, is amended to read:
Subdivision
1. Construction
and major remodeling. (a) The
commissioner, or any other recipient to whom an appropriation is made to
acquire or better public lands or buildings or other public improvements of a
capital nature, must not prepare final plans and specifications for any
construction, major remodeling, or land acquisition in anticipation of which
the appropriation was made until the agency that will use the project has
presented the program plan and cost estimates for all elements necessary to
complete the project to the chair of the senate Finance Committee and the chair
of the house of representatives Ways and Means Committee and the chairs have
made their recommendations, and the chair of the senate Capital Investment
Committee and the chair of the house of representatives Capital Investment
Committee is are notified.
"Construction or major remodeling" means construction of a new
building, a substantial addition to an existing building, or a substantial
change to the interior configuration of an existing building. The presentation must note any significant
changes in the work that will be done, or in its cost, since the appropriation
for the project was enacted or from the predesign submittal. The program plans and estimates must be
presented for review at least two weeks before a recommendation is needed. The recommendations are advisory only. Failure or refusal to make a recommendation
is considered a negative recommendation.
The chairs of the senate Finance Committee and Capital
Investment Committees and the house of representatives Capital Investment
and Ways and Means Committees must also be notified whenever there is a
substantial change in a construction or major remodeling project, or in its
cost.
(b)
Capital projects exempt from the requirements of this subdivision include
demolition or decommissioning of state assets, hazardous material projects,
utility infrastructure projects, environmental testing, parking lots, parking
structures, park and ride facilities, bus rapid transit stations, light rail
lines, exterior lighting, fencing, highway rest areas, truck stations, storage
facilities not consisting primarily of offices or heated work areas, roads, bridges,
trails, pathways, campgrounds, athletic fields, dams, floodwater retention
systems, water access sites, harbors, sewer separation projects, water and
wastewater facilities, port development projects for which the commissioner of
transportation has entered into an assistance agreement under section 457A.04,
ice centers, a local government project with a construction cost of less than
$1,500,000, or any other capital project with a construction cost of less than
$750,000.
Sec. 29. Minnesota Statutes 2012, section 16B.335, subdivision 2, is amended to read:
Subd. 2. Other
projects. All other capital projects
for which a specific appropriation is made must not proceed until the recipient
undertaking the project has notified the chairs of the senate Capital
Investment and Finance Committee Committees and the house of
representatives Capital Investment and Ways and Means Committees that the work
is ready to begin. Notice is not
required for capital projects needed to comply with the Americans with Disabilities
Act, for asset preservation projects to which section 16B.307 applies, or for
projects funded by an agency's operating budget or by a capital asset
preservation and replacement account under section 16A.632, or a higher
education asset preservation and replacement account under section 135A.046.
Sec. 30. Minnesota Statutes 2012, section 16B.335, subdivision 5, is amended to read:
Subd. 5. Information
technology. Agency requests for
construction and remodeling funds shall include money for cost-effective
information technology investments that would enable an agency to reduce its
need for office space, provide more of its services electronically, and
decentralize its operations. The Office
of Enterprise Technology must review and approve the information technology
portion of construction and major remodeling program plans before the plans are
submitted to the chairs of the senate Finance Committee and the house of
representatives Ways and Means Committee for their recommendations and the
chair of the senate Capital Investment Committee and the chair of the house
of representatives Capital Investment Committee is are notified
as required by subdivision 1.
Sec. 31. Minnesota Statutes 2012, section 16C.144, subdivision 2, is amended to read:
Subd. 2. Guaranteed energy-savings agreement. The commissioner may enter into a guaranteed energy-savings agreement with a qualified provider if:
(1) the qualified provider is selected through a competitive process in accordance with the guaranteed energy-savings program guidelines within the Department of Administration;
(2) the qualified provider agrees to submit an engineering report prior to the execution of the guaranteed energy-savings agreement. The cost of the engineering report may be considered as part of the implementation costs if the commissioner enters into a guaranteed energy-savings agreement with the provider;
(3) the term of the guaranteed
energy-savings agreement shall not exceed 15 20 years from the
date of final installation;
(4) the commissioner finds that the amount
it would spend on the utility cost-savings measures recommended in the engineering report will not exceed the amount
to be saved in utility operation and maintenance costs over 15 20
years from the date of implementation of utility cost-savings measures;
(5) the qualified provider provides a written guarantee that the annual utility, operation, and maintenance cost savings during the term of the guaranteed energy-savings agreement will meet or exceed the annual payments due under a lease purchase agreement. The qualified provider shall reimburse the state for any shortfall of guaranteed utility, operation, and maintenance cost savings; and
(6) the qualified provider gives a sufficient bond in accordance with section 574.26 to the commissioner for the faithful implementation and installation of the utility cost-savings measures.
Sec. 32. Minnesota Statutes 2012, section 16C.144, subdivision 3, is amended to read:
Subd. 3. Lease
purchase agreement. The commissioner
may enter into a lease purchase agreement with any party for the implementation
of utility cost-savings measures in accordance with the guaranteed
energy-savings agreement. The
implementation costs of the utility cost-savings measures recommended in the
engineering report shall not exceed the amount to be saved in utility and
operation and maintenance costs over the term of the lease purchase
agreement. The term of the lease
purchase agreement shall not exceed 15 20 years from the date of
final installation. The lease is
assignable in accordance with terms approved by the commissioner of management
and budget.
Sec. 33. [116J.434]
PUBLIC BUILDING ACCESSIBILITY GRANT PROGRAM.
Subdivision 1. Creation
of account. A public building
accessibility account is created in the bond proceeds fund. Money in the account is appropriated to the
commissioner for grants under this section.
Subd. 2. Definitions. For the purposes of this section:
(1)
"accessible" means satisfies the requirements of the State Building Code
for accessibility by persons with disabilities;
(2) "eligible project" means
predesign, design, acquisition of land or an interest in land, construction,
renovation, or other improvement or betterment of a capital nature to make a
building or facility owned by a local government unit accessible or improve its
accessibility;
(3) "governing body" means
the county board of commissioners, city council, or town board of supervisors;
and
(4) "local government unit"
means a county, statutory or home rule charter city, or town.
Subd. 3. Grant
program established. The
commissioner shall make grants to local government units on a first-come,
first-served basis for eligible projects.
Subd. 4. Application. A local government unit seeking a
grant under this section must apply to the commissioner in the form and manner
determined by the commissioner. The
application must include:
(1) a resolution of the governing body
requesting the grant and stating that the local government unit has or will
have in a timely manner the required nonstate contribution necessary to
complete the project;
(2) a detailed description of the
project and cost estimate, along with necessary supporting evidence; and
(3) any other information the
commissioner determines is necessary or useful.
Subd. 5. Maximum
grant amount; match. A local
unit of government must not be awarded in aggregate more than $150,000, whether
for one or more projects in one or more years.
The local government unit awarded a grant under this section must provide
at least an equal amount from nonstate sources, which may include contributions
made before the grant is awarded.
Sec. 34. Minnesota Statutes 2012, section 123B.65, subdivision 1, is amended to read:
Subdivision 1. Definitions. The definitions in this subdivision apply to this section.
(a) "Energy conservation measure" means a training program or facility alteration designed to reduce energy consumption or operating costs and includes:
(1) insulation of the building structure and systems within the building;
(2) storm windows and doors, caulking or weatherstripping, multiglazed windows and doors, heat absorbing or heat reflective glazed and coated window and door systems, additional glazing, reductions in glass area, and other window and door system modifications that reduce energy consumption;
(3) automatic energy control systems;
(4) heating, ventilating, or air conditioning system modifications or replacements;
(5) replacement or modifications of lighting fixtures to increase the energy efficiency of the lighting system without increasing the overall illumination of a facility, unless such increase in illumination is necessary to conform to the applicable state or local building code for the lighting system after the proposed modifications are made;
(6) energy recovery systems;
(7) cogeneration systems that produce steam or forms of energy such as heat, as well as electricity, for use primarily within a building or complex of buildings;
(8) energy conservation measures that provide long-term operating cost reductions.
(b) "Guaranteed energy-savings
contract" means a contract for the evaluation and recommendations of
energy conservation measures, and for one or more energy conservation measures. The contract must provide that all payments,
except obligations on termination of the contract before its expiration, are to
be made over time, but not to exceed 15 20 years from the date of
final installation, and the savings are guaranteed to the extent necessary to
make payments for the systems.
(c) "Qualified provider" means a person or business experienced in the design, implementation, and installation of energy conservation measures. A qualified provider to whom the contract is awarded shall give a sufficient bond to the school district for its faithful performance.
(d) "Commissioner" means the commissioner of commerce through the state energy office.
Sec. 35. Minnesota Statutes 2012, section 123B.65, subdivision 7, is amended to read:
Subd. 7. District
action. A district may enter into a
guaranteed energy-savings contract with a qualified provider if, after review
of the report and the commissioner's evaluation if requested, or if required
under section 216C.372, the board finds that the amount it would spend on
the energy conservation measures recommended in the report is not likely to
exceed the amount to be saved in energy and operation costs over 15 20
years from the date of installation if the recommendations in the report were
followed, and the qualified provider provides a written guarantee that the
energy or operating cost savings will meet or exceed the costs of the
system. The guaranteed energy-savings
contract may provide for payments over a period of time, not to exceed 15
20 years. Notwithstanding section
123B.79, a district annually may transfer from the general fund to the reserve
for operating capital account an amount up to the amount saved in energy and
operation costs as a result of guaranteed energy-savings contracts.
Sec. 36. Minnesota Statutes 2012, section 174.50, subdivision 6b, is amended to read:
Subd. 6b. Bridge
engineering and design costs in smaller cities. Until June 30, 2007, (a)
The commissioner may make grants from the state transportation fund to a home
rule or statutory city with a population of 5,000 or less and a net tax
capacity of under $200,000 for design, and preliminary
engineering, and construction of bridges on city streets.
(b) Grants under this subdivision are subject to the
procedures and criteria established under subdivisions 5 and,
6, and 7.
(c) Grants may be used for:
(1) 100 percent of the design and preliminary
engineering costs that are in excess of $10,000;
(2) 100 percent of the bridge approach
work costs that are in excess of $10,000; and
(3) 100 percent of the bridge construction work costs.
Total grants under this subdivision to
all cities may not exceed $200,000.
Sec. 37. Minnesota Statutes 2012, section 174.50, subdivision 7, is amended to read:
Subd. 7. Bridge
grant program requirements; rulemaking.
(a) The commissioner of transportation shall develop rules,
procedures for application for grants, conditions of grant administration,
standards, and criteria as provided under subdivision 6, including
bridge specifications, in cooperation with road authorities of political
subdivisions, for use in the administration of funds appropriated to the
commissioner and for the administration of grants to subdivisions.
(b) The maximum use of standardized bridges is encouraged. Regardless of the size of the existing bridge, a bridge or replacement bridge is eligible for assistance from the state transportation fund if a hydrological survey indicates that the bridge or replacement bridge must be ten feet or more in length.
(c) As part of the standards or rules, the commissioner shall, in consultation with local road authorities, establish a minimum distance between any two bridges that cross over the same river, stream, or waterway, so that only one of the bridges is eligible for a grant under this section. As appropriate, the commissioner may establish exceptions from the minimum distance requirement or procedures for obtaining a variance.
(d) Political subdivisions may use grants
made under this section to construct or reconstruct bridges, including but not
limited to:
(1) matching federal aid grants to
construct or reconstruct key bridges;
(2) paying the costs to abandon an
existing bridge that is deficient and in need of replacement, but where no
replacement will be made; and
(3) paying the costs to construct a road
or street to facilitate the abandonment of an existing bridge, if the
commissioner determines that the bridge is deficient, and that construction of
the road or street is more economical than replacement of the existing bridge.
(e) Funds appropriated to the commissioner from the Minnesota state transportation fund shall be segregated from the highway tax user distribution fund and other funds created by article XIV of the Minnesota Constitution.
Sec. 38. Minnesota Statutes 2012, section 216C.10, is amended to read:
216C.10
COMMISSIONER POWERS.
(a) The commissioner may:
(1) adopt rules under chapter 14 as necessary to carry out the purposes of sections 216C.05 to 216C.30;
(2) make all contracts under sections 216C.05 to 216C.30 and do all things necessary to cooperate with the United States government, and to qualify for, accept, and disburse any grant intended for the administration of sections 216C.05 to 216C.30;
(3) provide on-site technical assistance to units of local government in order to enhance local capabilities for dealing with energy problems;
(4) administer for the state, energy programs under federal law, regulations, or guidelines, and coordinate the programs and activities with other state agencies, units of local government, and educational institutions;
(5) develop a state energy investment plan with yearly energy conservation and alternative energy development goals, investment targets, and marketing strategies;
(6) perform market analysis studies relating to conservation, alternative and renewable energy resources, and energy recovery;
(7) assist with the preparation of proposals for innovative conservation, renewable, alternative, or energy recovery projects;
(8) manage and disburse funds made available for the purpose of research studies or demonstration projects related to energy conservation or other activities deemed appropriate by the commissioner;
(9) intervene in certificate of need proceedings before the Public Utilities Commission;
(10) collect fees from recipients of
loans, grants, or other financial aid from money received from litigation or
settlement of alleged violations of federal petroleum-pricing regulations,
which fees must be used to pay the department's costs in administering those
financial aids; and
(11) collect fees from proposers and
operators of conservation and other energy-related programs that are reviewed,
evaluated, or approved by the department, other than proposers that are
political subdivisions or community or nonprofit organizations, to cover the
department's cost in making the reviewal, evaluation, or approval and in
developing additional programs for others to operate.; and
(12) fix, charge, and collect fees from
state agencies, units of local government, education institutions, and others
that use the department's technical support services during a guaranteed energy
savings program contract under sections 16C.144, 123B.65, and 471.345, or
during an energy improvement financing program for local governments under
section 216C.43, to make those services self-funding, or to cover
administrative costs to make grants under section 216C.372. An energy performance contracting fund is
established as a special revenue account in the state treasury. Fees collected and interest, dividends, and
any other earnings arising from fund assets must be credited to the fund.
(b) Notwithstanding any other law, the commissioner is designated the state agent to apply for, receive, and accept federal or other funds made available to the state for the purposes of sections 216C.05 to 216C.30.
Sec. 39. [216C.371]
DEFINITIONS.
Subdivision 1. Scope. For the purposes of this section and section
216C.372, the following terms have the meanings given them.
Subd. 2. Capital
improvement. "Capital
improvement" means the acquisition or betterment of public land,
buildings, and other public improvements of a capital nature, as permitted by
the Minnesota Constitution, article XI, section 5, clause (a). It does not include repair or maintenance.
Subd. 3. Commissioner. "Commissioner" means the
commissioner of commerce.
Subd. 3. Energy
audit. "Energy
audit" has the meaning given in section 216C.435, subdivision 4.
Subd. 4. Energy
improvement. "Energy
improvement" means a capital improvement to renovate or retrofit a school
building that results in a net reduction in energy consumption without altering
the principal source of energy.
Subd. 5. Engineering
report. "Engineering
report" has the meaning given in section 16C.144, subdivision 1, paragraph
(k).
Subd. 6. School
building. "School
building" means a permanent structure owned by and used for school
district purposes that has a permanently installed heating or cooling system.
Subd. 7. School
district. "School
district" means a public independent, common, special, or intermediate
school district or a charter school.
Subd. 8. Statewide
greenhouse gas emissions. "Statewide
greenhouse gas emissions" has the meaning given in section 216H.01,
subdivision 2.
Sec. 40. [216C.372]
SCHOOL ENERGY CONSERVATION GRANT PROGRAM.
Subdivision 1. Grant
program established. A school
energy conservation grant program account is established in the bond proceeds
fund to receive appropriations of state bond proceeds. Money in the account is appropriated to the
commissioner of commerce to make grants to school districts for energy
improvements as provided in this section.
Subd. 2. Purpose. The school energy conservation grant
program is created to provide financial assistance to school districts to make
energy improvements in school buildings that reduce statewide greenhouse gas
emissions and improve indoor air quality in schools.
Subd. 3. Grants,
match required. The
commissioner shall make energy improvement grants for up to 50 percent of total
project costs on a first-come, first-served basis. A grantee may apply towards the school
district's share of the total project costs the amount that the school district
spent on the energy audit or engineering report, and any amounts it spends to
implement energy audit or engineering report recommendations that are part of
the overall project but that are not eligible under this section.
Subd. 4. Applications. (a) A school district must apply to
the commissioner in the manner and on forms prescribed by the commissioner. An applicant must provide the following
information:
(1) the name and contact information for
the school district and the persons responsible for grant administration and
project implementation;
(2) the estimated total cost of the
energy improvements and the grant amount sought;
(3) a description of the energy
improvements;
(4) the proposed sources of matching
funds, including, a copy of the proposed guaranteed energy-savings contract or
lease-purchase agreement if the source of matching funds is a guaranteed
energy-savings contract entered into under section 16C.144 or section 123B.54,
or a lease-purchase agreement entered into under section 16C.144;
(5) the results of an energy audit
conducted by an independent contractor, or an engineering report prepared by a
contractor qualified through section 16C.144 or section 216C.43, estimating the
energy savings that will be realized as a result of the project;
(6) a description of the projected
improvements in indoor air quality achieved as a result of the project, if
applicable; and
(7) any additional information requested
by the commissioner.
(b) A school district may, in
consultation with the commissioner, evaluate the use of the guaranteed
energy-savings program outlined in section 16C.144 or an energy improvement
financing program for local governments outlined in section 216C.43 before
making an application for the school energy conservation loan program.
Subd. 5. Commissioner
review. The commissioner
shall review applications filed under this section and shall notify a school
district in writing of the decision to approve or disapprove the application. If the commissioner disapproves an
application, the notice shall state the reasons why the application was
disapproved. If an approved application
includes a proposed guaranteed energy-savings contract or lease-purchase
agreement as a source of matching funds, the notice shall contain the
commissioner's comments and recommendations regarding the provisions of the
guaranteed energy-savings contract or lease-purchase agreement.
Subd. 6. Biennial
report. The commissioner
shall report by February 1 of each even-numbered year to the chairs and ranking
minority members of the committees of the house of representatives and senate
with jurisdiction over energy policy, education finance, and capital investment. The report must identify the school districts
and school buildings in which projects have been financed through the program,
the amount of the grants, the total project costs, the estimated and, if
possible, measured energy savings and greenhouse gas emissions reductions, the
demand for and availability of grant money, and any other information the
commissioner determines would be useful to the legislature. The commissioner shall also submit the report
as required in section 3.195.
Sec. 41. Minnesota Statutes 2012, section 462A.36, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) For purposes of this section the following terms have the meanings given them in this subdivision.
(b) "Debt service" means the amount payable in any fiscal year of principal, premium, if any, and interest on nonprofit housing bonds and the fees, charges, and expenses related to the bonds.
(c) "Internal Revenue Code" means the Internal Revenue Code of 1986, as amended.
(d) "Nonprofit housing bonds" means bonds issued by the agency under chapter 462A that are "qualified 501(c)(3) bonds" (within the meaning of Section 145(a) of the Internal Revenue Code), finance qualified residential rental projects within the meaning of Section 142(d) of the Internal Revenue Code, or are not "private activity bonds" (within the meaning of Section 141(a) of the Internal Revenue Code), for the purpose of financing or refinancing affordable housing authorized under this chapter.
(e) "Permanent supportive housing" means housing that is not time-limited and provides or coordinates with linkages to services necessary for residents to maintain housing stability and maximize opportunities for education and employment.
Sec. 42. Minnesota Statutes 2012, section 462A.37, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the meanings given.
(b) "Abandoned property" has the meaning given in section 117.025, subdivision 5.
(c)
"Community land trust" means an entity that meets the requirements of
section 462A.31, subdivisions 1 and 2.
(d) "Debt service" means the amount payable in any fiscal year of principal, premium, if any, and interest on housing infrastructure bonds and the fees, charges, and expenses related to the bonds.
(e) "Foreclosed property" means residential property where foreclosure proceedings have been initiated or have been completed and title transferred or where title is transferred in lieu of foreclosure.
(f) "Housing infrastructure bonds" means bonds issued by the agency under this chapter that are qualified 501(c)(3) bonds, within the meaning of Section 145(a) of the Internal Revenue Code, finance qualified residential rental projects within the meaning of Section 142(d) of the Internal Revenue Code, or are tax-exempt bonds that are not private activity bonds, within the meaning of Section 141(a) of the Internal Revenue Code, for the purpose of financing or refinancing affordable housing authorized under this chapter.
(g) "Internal Revenue Code" means the Internal Revenue Code of 1986, as amended.
(h) "Supportive housing" means housing that is not time-limited and provides or coordinates with linkages to services necessary for residents to maintain housing stability and maximize opportunities for education and employment.
Sec. 43. Minnesota Statutes 2012, section 462A.37, is amended by adding a subdivision to read:
Subd. 2a. Additional
authorization. In addition to
the amount authorized in subdivision 2, the agency may issue up to $35,000,000
of housing infrastructure bonds in one or more series to which the payments
made under this section may be pledged.
Sec. 44. Minnesota Statutes 2012, section 462A.37, is amended by adding a subdivision to read:
Subd. 5. Additional
appropriation. (a) The agency
must certify annually to the commissioner of management and budget the actual
amount of annual debt service on each series of bonds issued under subdivision
2a.
(b) Each July 15, beginning in 2014 and
through 2033, if any housing infrastructure bonds issued under subdivision 2a
remain outstanding, the commissioner of management and budget must transfer to
the housing infrastructure bond account established under section 462A.21,
subdivision 32, the amount certified under paragraph (a), not to exceed
$2,590,000 annually. The amounts
necessary to make the transfers are appropriated from the general fund to the
commissioner of management and budget.
(c) The agency may pledge to the
payment of the housing infrastructure bonds the payments to be made by the
state under this section.
Sec. 45. Laws 2002, chapter 393, section 22, subdivision 6, as amended by Laws 2005, chapter 20, article 1, section 43, is amended to read:
|
Subd. 6. Fergus
Falls Regional Treatment Center |
|
|
|
3,000,000 |
To
design, renovate, construct, furnish, and equip ancillary support and program
facilities, including improvements to basic infrastructure, such as sanitary and storm sewer and water
lines, public streets, curb, gutter, street lights, or sidewalks, to make
improvements for building envelope and structural integrity for the purposes of
stabilizing the buildings for sale, for hazardous materials abatement, and for
demolition the that will facilitate the relocation of the facility's ancillary
support, treatment, and residential programs from the Kirkbride buildings and
of all or portions of surplus, nonfunctional, or deteriorated facilities and
infrastructure or to renovate surplus, nonfunctional, or deteriorated
facilities and infrastructure to facilitate disposition redevelopment
of the Fergus Falls Regional Treatment Center campus. If the property is sold or transferred to a
local unit of government, the unspent portion of this appropriation may be
granted to the local unit of government that acquires the campus for the
purposes stated in this subdivision.
Notwithstanding Minnesota Statutes,
section 16A.642, the bond sale authorization and appropriation of bond proceeds
in this subdivision are available until December 31, 2016.
Sec. 46. Laws 2005, chapter 20, article 1, section 20, subdivision 3, as amended by Laws 2006, chapter 258, section 47, is amended to read:
|
Subd. 3. Systemwide Redevelopment, Reuse, or Demolition |
|
|
17,600,000 |
To demolish or improve surplus, nonfunctional, or deteriorated facilities and infrastructure at Department of Human Services campuses statewide.
(a) Up to $8,600,000 may be used to predesign, design, construct, furnish, and equip renovation of existing space or construction of new space for skilled nursing home capacity for forensic treatment programs operated by state-operated services on the campus of St. Peter Regional Treatment Center.
(b) $4,000,000 may be used to prepare and develop a site, including demolition of buildings and infrastructure, to implement the redevelopment and reuse of the Ah-Gwah-Ching Regional Treatment Center campus. If the property is sold or transferred to a local unit of government, the unspent portion of this appropriation may be granted to the local unit of government that acquires the campus for the purposes stated in this subdivision.
Up to $400,000 may be used for a grant to the city of Walker to connect the water reservoir to the city.
(c) $1,000,000 may be used to renovate one or more buildings for chemical dependency treatment specializing in methamphetamine addiction, and demolish buildings, on the Willmar Regional Treatment Center campus. If the property is sold or transferred to a local unit of government, the unspent portion of this appropriation may be granted to the local unit of government that acquires the campus for the purposes stated in this subdivision.
(d) Up to
$2,210,000 may be spent by the commissioner of finance to retire municipal
bonds issued by the city of Fergus Falls and to retire interfund loans incurred
by the city of Fergus Falls in connection with the waste incinerator and steam
heating facility at the Fergus Falls Regional Treatment Center. $447,610 of unexpended nonsalary money from
state-operated services may be transferred as a grant to the city of Fergus
Falls to retire interfund loans incurred by the city of Fergus Falls in connection with
the waste incinerator and steam heating facility at the Fergus Falls Regional
Treatment Center. This money is only
available upon satisfactory completion of implementation of the final master
plan agreement, as approved by the Department of Administration, the Department
of Human Services, and the city of Fergus Falls.
(e) Up to $400,000 may be used for a grant to
the city of Fergus Falls for hazardous materials abatement, improvements to
basic infrastructure, including sanitary and storm sewer and water lines,
public streets, curb, gutter, street lights, or sidewalks, to make improvements
for building envelope and structural integrity for the purposes of stabilizing
the buildings for sale, and to demolish all or portions of surplus,
nonfunctional, or deteriorated facilities and infrastructure or to renovate
surplus, nonfunctional, or deteriorated facilities and infrastructure to
facilitate redevelopment of the city's waste-to-energy incineration
plant located on the grounds of the Fergus Falls Regional Treatment Center campus.
Notwithstanding Minnesota Statutes, section
16A.642, the bond sale authorization and appropriation of bond proceeds in this
paragraph are available until December 31, 2016.
(f) The
provisions, terms, and conditions of any grant made by the director of the
Office of Environmental Assistance under Minnesota Statutes, chapter 115A, to
the city of Fergus Falls for the waste incinerator steam heating facility that
supports the Fergus Falls Regional Treatment Center and that may come into
effect as a result of the incinerator and facility being closed, are hereby
waived.
Sec. 47. Laws 2005, chapter 20, article 1, section 23, subdivision 12, as amended by Laws 2006, chapter 171, section 2, Laws 2006, chapter 258, section 50, and Laws 2010, chapter 189, section 47, is amended to read:
|
Subd. 12. Bioscience
Development |
|
|
|
18,500,000 |
For grants
to political subdivisions to predesign, design, acquire, construct, furnish,
and equip publicly owned infrastructure required to support bioscience
development in this state.
$2,500,000 is for a grant to the city of
Worthington. The $313,947.17
remaining from this appropriation, which was reported to the legislature
according to Minnesota Statutes, section 16A.642, subdivision 1, on January 2,
2013, is reauthorized and does not cancel under the terms of that subdivision. The bond sale authorization and appropriation
of bond proceeds for this project are available until December 31, 2016, and
also may be used to design, construct, furnish, and equip a laboratory and
technology training center on the site supported by the infrastructure.
$14,000,000 cumulatively is for grants to the counties of Ramsey and Anoka for public improvements to the portion of County Road J located within each county, and for road and bridge improvement
costs at marked Trunk Highway 36 and Rice Street in Ramsey County in support of bioscience business development. This amount may be used to repay loans the proceeds of which were used for the public improvement. The grants to the individual counties shall be in amounts proportionate to the individual counties' costs associated with the public improvements.
$2,000,000
is for bioscience business development public infrastructure grants under new
Minnesota Statutes, section 116J.435.
Sec. 48. Laws 2006, chapter 258, section 17, subdivision 8, as amended by Laws 2008, chapter 179, section 64, and Laws 2011, First Special Session chapter 12, section 30, is amended to read:
|
Subd. 8.
Metropolitan Regional Parks
Capital Improvements |
|
|
35,362,000 |
For the cost of improvements and betterments of a capital nature and acquisition by the council and local government units of regional recreational open-space lands in accordance with the council's policy plan as provided in Minnesota Statutes, section 473.147. Priority must be given to park rehabilitation and land acquisition projects.
$300,000
is for a grant to the city of Bloomington for environmental analysis and
review, design, and construction of a multimodal trail connection across or
through Long Meadow Lake in the vicinity of the old Cedar Avenue bridge and for
development of a segment of the Minnesota Valley State Trail from Fort Snelling
State Park to the Long Meadow Lake crossing to serve as a hiking and bicycling
trail connection to renovate and restore, or to replace, the Old Cedar
Avenue Bridge for bicycle commuters and recreational users. Notwithstanding Minnesota Statutes, section
16A.642, the bond sale authorization and appropriation of bond proceeds for
this project are available until December 31, 2017.
$6,000,000 is for a grant to the county of Dakota to acquire land for a regional park and wildlife area adjacent to the Vermillion Highlands Research, Recreation, and Wildlife Management Area in Dakota County.
$1,800,000 is for a grant to the city of Minneapolis to complete land acquisition for and construction of the Cedar Lake Trail.
$3,500,000
is for a grant to the Minneapolis Park and Recreation Board to design,
construct, furnish, and equip a new cultural and community center in the East
Phillips neighborhood in Minneapolis.
$250,000 is for a grant to the Minneapolis Park and Recreation Board to predesign completion of the Grand Rounds National Scenic Byway by providing a link between northeast Minneapolis on Stinson Avenue and Southeast Minneapolis at East River Road.
$2,500,000 is for a grant to the Minneapolis Park and Recreation Board to mitigate flooding at Lake of the Isles in the city of Minneapolis. The grant must be used for shoreline stabilization and restoration, dredging, wetland replacement, and other infrastructure improvements necessary to deal with the 1997 flood damage and to prevent future flooding.
$321,000 is for a grant to Ramsey County to construct a bicycle and pedestrian trail on the north side of Lower Afton Road between Century Avenue and McKnight Road in the city of Maplewood. This appropriation is not available until the commissioner has determined that at least an equal amount has been committed from nonstate sources.
$9,000,000 is for a grant to the city of St. Paul to predesign, design, construct, furnish, equip, and redevelop infrastructure at the Como Zoo.
$2,500,000 is for a grant to the city of St. Paul to acquire land for and to predesign, design, construct, furnish, and equip river park development and redevelopment infrastructure in National Great River Park along the Mississippi River in St. Paul.
$2,000,000 is for a grant to the city of South St. Paul for the closure, capping, and remediation of approximately 80 acres of the Port Crosby construction and demolition debris landfill in South St. Paul, as the fifth phase of converting the land into parkland, and to restore approximately 80 acres of riverfront land along the Mississippi River.
$191,000 is for a grant to the city of White Bear Lake to construct the Lake Avenue Regional Trail connecting Highway 96 Regional Trail with Ramsey Beach.
Sec. 49. Laws 2006, chapter 258, section 18, subdivision 6, is amended to read:
|
Subd. 6. Systemwide Redevelopment, Reuse, or Demolition |
|
|
5,000,000 |
To abate
hazardous materials, design, construct, or improve basic infrastructure,
including sanitary and storm sewer and water lines, public streets, curb,
gutter, street lights, or sidewalks, to make improvements for building envelope
and structural integrity for the purposes of stabilizing the buildings for
sale, demolish all or portions of surplus, nonfunctional, or
deteriorated facilities and infrastructure or to renovate surplus,
nonfunctional, or deteriorated facilities and infrastructure developed and approved under
Laws 2003, First Special Session chapter 14, article 6, section 64, subdivision
2, unless expressly provided otherwise.
If a surplus campus is sold or transferred to a local unit of
government, unspent portions of this appropriation may be granted to that local
unit of government for the purposes stated in this subdivision. Notwithstanding Minnesota Statutes,
section 16A.642, the bond sale authorization and appropriation of bond proceeds
in this subdivision are available until December 31, 2016.at to
facilitate redevelopment of Department of Human Services campuses that the
commissioner of administration is authorized to convey to a local unit of
government under Laws 2005, chapter 20, article 1, section 46, or other
law. These projects must facilitate the
redevelopment or reuse of these campuses and must be implemented consistent
with the comprehensive redevelopment plans
Sec. 50. Laws 2008, chapter 179, section 7, subdivision 26, as amended by Laws 2009, chapter 7, section 1, is amended to read:
|
Subd. 26. Regional
and Local Park Grants |
|
|
|
1,621,000 |
An appropriation in this subdivision is not available unless a covenant is placed, or has been placed, on the land to keep the land as a public park in perpetuity.
$492,000 is for a grant to Stearns County to acquire 23 acres of land adjacent to Warner Lake Park in Stearns County to serve as part of the Central Minnesota Parks and Trails.
$500,000 is for a grant to Chisago City to acquire land for the creation of Ojiketa Regional Park in Chisago County.
$129,000 is for a grant to the city of Ortonville to construct improvements of a capital nature at the Minnesota River Regional Park in the city of Ortonville.
$500,000 is for a grant to the city of Sartell
to acquire up to 68 acres of land located along the Sauk River near the
confluence of the Mississippi to serve as part of the Central Minnesota
Regional Parks and Trails. This
appropriation, which was reported to the legislature according to Minnesota
Statutes, section 16A.642, subdivision 1, on January 2, 2013, is reauthorized
and does not cancel under the terms of that subdivision. The bond sale authorization and appropriation
of bond proceeds for this project are available until December 31, 2016.
Sec. 51. Laws 2008, chapter 179, section 21, subdivision 3, is amended to read:
|
Subd. 3. Bioscience Business Development Public Infrastructure Grant Program |
|
|
9,000,000 |
For grants under Minnesota Statutes, section 116J.435.
$3,500,000
is for public infrastructure, including land acquisition, to support a private
research park within a designated bioscience subzone that is adjacent to and
complementary to research facilities of a college or university. Notwithstanding Minnesota Statutes,
section 16A.642, the bond sale authorization and appropriation of bond proceeds
for this project are available until June 30, 2015.
$1,000,000 is for a grant to the city of Worthington for public infrastructure to support an agricultural-based bioscience training and testing center for incubator firms developing new agricultural processes and products.
Sec. 52. Laws 2008, chapter 365, section 4, subdivision 3, as amended by Laws 2010, chapter 189, section 58, and Laws 2011, First Special Session chapter 12, section 36, is amended to read:
|
Subd. 3. Old
Cedar Avenue Bridge |
|
|
|
2,000,000 |
For a grant to the city of Bloomington for
environmental analysis and review, design, and construction of a multimodal
trail connection across or through Long Meadow Lake in the vicinity of the old
Cedar Avenue Bridge and for development of a segment of the Minnesota Valley
State Trail from Fort Snelling State Park to the Long Meadow Lake crossing to
renovate and restore, or to replace, the old Cedar Avenue Bridge for
bicycle commuters and recreational users.
This appropriation is added to the appropriation in Laws 2006, chapter
258, section 17, subdivision 8, as amended.
Notwithstanding Minnesota Statutes, section 16A.642, the bond sale
authorization and appropriation of bond proceeds for this project are available
until December 31, 2017.
Sec. 53. Laws 2009, chapter 93, article 1, section 22, the effective date, as amended by Laws 2011, First Special Session chapter 12, section 38, is amended to read:
EFFECTIVE
DATE. This section is effective the
day following final enactment and expires July 1, 2013.
Sec. 54. Laws 2010, chapter 189, section 16, subdivision 4, as amended by Laws 2011, First Special Session chapter 12, section 45, is amended to read:
|
Subd. 4. Metropolitan Regional Parks and Trails Capital Improvements |
|
|
|
|
(a) Metropolitan Council Priorities |
|
|
|
10,500,000 |
For the cost of improvements and betterments of a capital nature and acquisition by the council and local government units of regional recreational open-space lands in accordance with the council's policy plan as provided in Minnesota Statutes, section 473.147. Priority must be given to park rehabilitation and land acquisition projects. This appropriation must not be used to purchase easements.
|
(b) Como Zoo |
|
|
|
11,000,000 |
For a grant to the city of St. Paul to predesign, design, construct, furnish, and equip phase 2 renovation of exhibits at the Como Zoo.
|
(d) Old Cedar Avenue Bridge |
|
|
|
1,000,000 |
For a grant to the city of Bloomington for
environmental analysis and review, design, and construction of a multimodal
trail connection across or through Long Meadow Lake in the vicinity of the Old
Cedar Avenue Bridge and for development of a segment of the Minnesota Valley
State Trail from Fort Snelling State Park to the Long Meadow Lake crossing to
renovate and restore, or to replace, the old Cedar Avenue Bridge for
bicycle commuters and recreational users.
The city of Bloomington must consult with the city of Eagan and Dakota
County on the renovation project.
Notwithstanding Minnesota Statutes, section 16A.642, the bond sale
authorization and appropriation of bond proceeds for this project are available
until December 31, 2017.
This appropriation is added to the appropriation in Laws 2008, chapter 365, section 4, subdivision 3, as amended by this act.
|
(f) Rock Island Bridge Park and Trail Development |
|
|
|
1,000,000 |
For a
grant to the city of Inver Grove Heights for park and trail development on the west
bank of the Mississippi River in Dakota County at the site of Mississippi River
Bridge JAR 5600, commonly known as the Rock Island Bridge. Any park or trails developed with this
appropriation must connect with any local, regional, or state trails in the
vicinity, and the historic Rock Island Bridge.
|
(i) Veterans Memorial Parks |
|
|
|
2,000,000 |
For a grant to the Minneapolis Park and Recreation Board to: (1) design and construct an appropriate monument in Sheridan Veterans Memorial Park on the Mississippi River in Minneapolis to memorialize the war service of Minnesota veterans of all wars; and (2) match money provided by Hennepin County to restore the flagpole monument and plaza, and make other infrastructure improvements of a capital nature for the Veterans of World War I Victory Memorial Parkway, consistent with Hennepin County's planned infrastructure improvements.
Sec. 55. Laws 2011, First Special Session chapter 12, section 10, is amended to read:
|
Sec. 10. ENTERPRISE
TECHNOLOGY |
|
|
|
$5,659,000 |
To the commissioner of administration to
predesign, design, construct, renovate, furnish, and equip certain existing
state data center facilities and decommission certain other existing state
data center for the purpose of decommissioning and repurposing or for
maximizing capacity and utilization of such facilities.
Sec. 56. CAPITOL
RESTORATION; COLLECTION OF RENT.
Notwithstanding Minnesota Statutes,
section 16B.24, subdivision 5, paragraph (d), the commissioner of
administration shall not collect rent to recover bond interest costs or
building depreciation costs for any appropriations utilized for the restoration
of the State Capitol campus, between calendar years 2012 and 2017.
Sec. 57. HARAMBEE
COMMUNITY SCHOOL TRANSITION.
Subdivision 1. Facilities. Notwithstanding the specified uses of
state general obligation bond proceeds appropriated in this act and Laws 1994,
chapter 643, section 14, subdivision 7, the real and personal property owned by
the Joint Powers District No. 6067, East Metro Integration District, in
Roseville, known as the Harambee community school, may be conveyed to
Independent School District No. 623, Roseville, for operation of a school
facility that serves students in any grade from early education through grade
12.
Subd. 2. Student
enrollment. A student
enrolled in the Harambee community school during the 2012-2013 school year may
continue to enroll in the Harambee community school in any subsequent year. For the 2013-2014 school year and later,
other students may apply for enrollment to the school at any time in the method
and manner prescribed by the board of Independent School District No. 623,
Roseville.
Subd. 3. Compensatory
revenue. For the 2013-2014
school year only, the Department of Education must calculate compensatory
revenue for the Harambee community school based on the fall 2012 enrollment
counts.
Subd. 4. Year-round
programming. Harambee
community school may operate as a flexible learning year program under
Minnesota Statutes, sections 124D.12 to 124D.127.
Subd. 5. Pupil
transportation. The board may
transport pupils enrolled in the 2012-2013 school year to and from the Harambee
community school in succeeding school years regardless of the student's
district of residence. Pupil transportation
expenses under this section are reimbursable under Minnesota Statutes, section
124D.87.
Sec. 58. REPEALER;
APPLICATION.
Minnesota Statutes 2012, section
116J.433, is repealed. Notwithstanding
the repeal of Minnesota Statutes 2012, section 116J.433, money appropriated for
the purposes of the program in Laws 2012, chapter 293, section 21, subdivision
5, before the effective date of the repeal must be administered as provided in
law before the repeal.
Sec. 59. EFFECTIVE
DATE.
This article is effective the day
following final enactment.
ARTICLE 2
DISASTER RELIEF
Section 1.
APPROPRIATION; DISASTER AID.
$1,500,000 is appropriated from the
general fund to the commissioner of public safety for the purposes specified in
Minnesota Statutes, section 12A.15, subdivision 1, to match federal disaster
assistance for the severe winter storm that occurred April 9, 2013, through
April 11, 2013, in the area designated under Presidential Declaration of a
Major Disaster FEMA-4113-DR, whether included in the original declaration or
added later by federal government action.
This appropriation is available for expenditure the day following final
enactment. Notwithstanding Minnesota
Statutes, section 16A.28, this appropriation is available until June 30, 2016.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 2. FEMA
MATCH 2012; REDUCED.
The appropriation from the general fund
in Laws 2012, First Special Session chapter 1, article 1, section 3,
subdivision 2, is reduced by $1,500,000.
EFFECTIVE DATE. This section is effective the day following final enactment."
Delete the title and insert:
"A bill for an act relating to capital investment; authorizing spending to acquire and better public land and buildings and other improvements of a capital nature with certain conditions; modifying previous appropriations; authorizing the Housing Finance Agency to issue housing infrastructure bonds; establishing new programs and modifying or repealing existing programs; extending the authority to use negotiated sales; authorizing the sale and issuance of state bonds; appropriating money to match federal disaster aid for the April 2013 severe winter storm in southwest Minnesota; appropriating money; amending Minnesota Statutes 2012, sections 12A.16, subdivision 5; 16A.641, subdivision 4a; 16B.335, subdivisions 1, 2, 5; 16C.144, subdivisions 2, 3; 123B.65, subdivisions 1, 7; 174.50, subdivisions 6b, 7; 216C.10; 240A.09; 462A.36, subdivision 1; 462A.37, subdivision 1, by adding subdivisions; Laws 2002, chapter 393, section 22, subdivision 6, as amended; Laws 2005, chapter 20, article 1, sections 20, subdivision 3, as amended; 23, subdivision 12, as amended; Laws 2006, chapter 258, sections 17, subdivision 8, as amended; 18, subdivision 6; Laws 2008, chapter 179, sections 7, subdivision 26, as amended; 21, subdivision 3; Laws 2008, chapter 365, section 4, subdivision 3, as amended; Laws 2009, chapter 93, article 1, section 22, as amended; Laws 2010, chapter 189, section 16, subdivision 4, as amended; Laws 2011, First Special Session chapter 12, section 10; proposing coding for new law in Minnesota Statutes, chapters 116J; 216C; repealing Minnesota Statutes 2012, section 116J.433."
A roll call was requested and properly
seconded.
Hausman moved to amend her amendment to H. F. No. 270, the second engrossment, as follows:
Page 2, line 28, delete "25,000,000" and insert "35,000,000"
Page 4, delete subdivision 3 and insert:
|
"Subd. 3. Alexandria Technical and Community College |
|
|
650,000
|
From the general fund for equipment maintenance and acquisition for manufacturing programs at Alexandria Technical and Community College, including the machine tool and welding programs, and any other appropriate programs as determined by the college."
Page 5, line 3, delete "33,800,000" and insert "32,516,000"
Page 6, delete subdivision 11
Page 10, delete section 5 and insert:
|
"Sec. 5. MINNESOTA
STATE ACADEMIES |
|
|
|
|
|
Subdivision 1. Total
Appropriation |
|
|
|
$895,000 |
To the commissioner of administration
for the purposes specified in this section.
|
Subd. 2. New
Residence Hall |
|
|
|
810,000
|
To predesign and design a new residence
hall on the Minnesota State Academy for the Deaf campus, including
approximately 60 parking spaces.
|
Subd. 3. Kitchen
Upgrades |
|
|
|
85,000
|
From the general fund to complete upgrades to the academies kitchen facilities. This appropriation is available until June 30, 2015."
Page 10, line 18, delete "1,720,000" and insert "1,580,000"
Page 10, line 29, delete "25,000,000" and insert "20,000,000"
Page 14, line 20, delete "11,000,000" and insert "8,000,000"
Page 16, line 13, delete "13,300,000" and insert "12,000,000"
Page 17, after line 15, insert:
|
"Sec. 9. AGRICULTURE
|
|
|
|
$500,000 |
From the general fund to the commissioner of agriculture for grants to county and district agricultural societies and associations for acquisition of real property, construction of buildings, repairs, and asset preservation. This appropriation for distribution under Minnesota Statutes, section 38.02, is for the purposes of improving facilities for county fair exhibits and operations, including, but not limited to, agricultural education centers, art and cultural buildings, and performance stages."
Page 17, line 17, delete "5,250,000" and insert "4,250,000"
Page 18, line 31, delete everything after the period
Page 18, delete lines 32 to 34
Page 19, delete lines 1 and 2 and insert:
"The commissioner of administration must not construct or place any permanent building, structure, or facility for offices, parking, storage, or other use in the area commonly known as Leif Erickson Park in the Capitol complex."
Page 19, after line 11, insert:
|
"Subd. 4. Tenant
Approval |
|
|
|
|
(a) The commissioner of administration must
not prepare final plans and specifications for any construction authorized
under subdivision 2, until the program plan and cost estimates for all
elements necessary to complete
the project have been approved by each tenant representative. In addition, the appropriations in
subdivisions 2 and 3 are not available until each tenant representative
approves a relocation plan submitted by the commissioner of administration. The relocation plan shall:
(1) describe when each person who currently occupies office
space located in the Capitol building will be moved out of the Capitol
building;
(2) identify the building and office space assigned to each
person relocated during renovation of the Capitol building;
(3) identify the parking spaces that will be assigned to
each person relocated during renovation, including the funding mechanism for
any new parking spaces;
(4) state when each person relocated during renovation will
be moved back into permanent office space and where the office space will be
located; and
(5) include written, signed tenant agreements for tenancy
in the Capitol building after renovation.
For the purposes of this paragraph, "each tenant
representative" means the secretary of the senate, on behalf of the
senate; the chief clerk of the house of representatives, on behalf of the house
of representatives; the governor; the court administrator, on behalf of the
judicial branch; and the attorney general, on behalf of the attorney general's
office.
(b) The commissioner of administration must not install new
windows in the Capitol building that cannot be opened by the tenants of the
building.
(c) The commissioner of administration shall consult and
collaborate with the director of the Historical Society on plans and
specifications for construction authorized under subdivision 2.
|
Subd. 5. Legislative
Office Building |
|
|
|
3,000,000 |
From the general fund, for predesign and design of office, hearing room, and parking facilities for legislative and other functions, located on the block bounded by Sherburne Avenue on the north, Park Street on the west, University Avenue on the south, and North Capitol Boulevard on the east. The legislative office facility must provide office accommodations for all senators and senate staff who do not have offices in the Capitol building, and on-site parking facilities for all members and staff, and disabled visitors to senate offices. This is a onetime appropriation. If an appropriation for this purpose is enacted more than once in the 2013 regular session, it shall be implemented only once."
Page 19, line 15, delete "680" and insert "880"
Page 21, after line 19, insert:
|
"Subd. 2. Mighty Ducks Grants; Air Handling Systems |
|
|
1,355,000
|
From the general fund for grants to local government units under Minnesota Statutes, section 240A.09, paragraph (g) or (k), to install, renovate, or replace heating, ventilating, and air conditioning systems in existing indoor ice arenas whose ice resurfacing and ice edging equipment are not powered by electricity in order to improve indoor air quality by reducing concentrations of carbon monoxide and nitrogen dioxide. The new or renovated heating, ventilating, and air conditioning systems may include continuous electronic air monitoring devices to automatically activate the ventilation systems when the concentration of carbon monoxide or nitrogen dioxide reaches a predetermined level."
Page 24, line 27, delete "15,000,000" and insert "10,000,000"
Page 26, line 11, delete "50,000,000" and insert "45,000,000"
Page 29, line 22, delete "36,317,000" and insert "41,317,000"
Page 31, delete subdivision 2 and insert:
|
"Subd. 2. Asset
Preservation |
|
|
|
3,000,000
|
For asset preservation improvements and betterments of a capital nature at the veterans homes in Fergus Falls, Hastings, Luverne, and Silver Bay, and the Little Falls veterans cemetery, to be spent in accordance with Minnesota Statutes, section 16B.307."
Page 32, line 31, delete "3,000,000" and insert "2,000,000"
Page 33, after line 16, insert:
|
"Subd. 4. Minnesota
Correctional Facility - St. Cloud |
|
|
|
18,000,000
|
To design, construct, furnish, and equip a new health services unit and intake unit, to repurpose existing spaces, including laundry, state property storage and distribution, and food service dry goods storage; to extend and modify the existing internal corridor to connect the new and repurposed spaces; to construct a new security control station to manage offender movement through the corridor system; and to provide required upgrades to the existing facility infrastructure, including mechanical, electrical, and security systems."
Page 35, after line 23, insert:
|
"Subd. 4. Eveleth
Watermain Improvement |
|
|
|
1,500,000
|
From
the general fund for a grant to the city of Eveleth to design and construct a
watermain for the St. Mary's Lake Development project."
Page 38, line 4, delete "1,950,000" and insert "1,050,000"
Page 38, line 5, before "For" insert "From the general fund"
Page 38, line 9, delete "35,000,000" and insert "30,000,000"
Page 44, line 16, delete "$792,640,000" and insert "$791,825,000"
Page 54, after line 27, insert:
"Sec. 41. Minnesota Statutes 2012, section 240A.09, is amended to read:
240A.09
PLAN DEVELOPMENT; CRITERIA.
The Minnesota Amateur Sports Commission shall develop a plan to promote the development of proposals for new statewide public ice facilities including proposals for ice centers and matching grants based on the criteria in this section.
(a) For ice center proposals, the commission will give priority to proposals that come from more than one local government unit. Institutions of higher education are not eligible to receive a grant.
(b) In the metropolitan area as defined in section 473.121, subdivision 2, the commission is encouraged to give priority to the following proposals:
(1) proposals for renovation and indoor air
quality improvements at an existing indoor ice arena;
(1) (2) proposals for
construction of two or more ice sheets in a single new facility;
(2) (3) proposals for
construction of an additional sheet of ice at an existing ice center;
(3) (4) proposals for
construction of a new, single sheet of ice as part of a sports complex with
multiple sports facilities; and
(4) (5) proposals for construction of a new,
single sheet of ice that will be expanded to a two-sheet facility in the
future.
(c) The commission shall administer a site selection process for the ice centers. The commission shall invite proposals from cities or counties or consortia of cities. A proposal for an ice center must include matching contributions including in-kind contributions of land, access roadways and access roadway improvements, and necessary utility services, landscaping, and parking.
(d) Proposals for ice centers and matching grants must provide for meeting the demand for ice time for female groups by offering up to 50 percent of prime ice time, as needed, to female groups. For purposes of this section, prime ice time means the hours of 4:00 p.m. to 10:00 p.m. Monday to Friday and 9:00 a.m. to 8:00 p.m. on Saturdays and Sundays.
(e) The location for all proposed facilities must be in areas of maximum demonstrated interest and must maximize accessibility to an arterial highway.
(f) To the extent possible, all proposed facilities must be dispersed equitably, must be located to maximize potential for full utilization and profitable operation, and must accommodate noncompetitive family and community skating for all ages.
(g) The commission may also use the money to upgrade current facilities, purchase girls' ice time, or conduct amateur women's hockey and other ice sport tournaments.
(h) To the extent possible, 50 percent of all grants must be awarded to communities in greater Minnesota.
(i) To the extent possible, technical assistance shall be provided to Minnesota communities by the commission on ice arena planning, design, redesign, installation, renovation of heating, ventilating, and air conditioning systems, and operation, including the marketing of ice time.
(j) A grant for new facilities may not exceed $250,000.
(k) The commission may make grants for
rehabilitation and renovation. A
rehabilitation or renovation grant may not exceed $100,000 $200,000. Priority must be given to grant applications
for indoor air quality improvements, including zero emission ice resurfacing
equipment and the upgrading of heating, ventilating, and air conditioning
systems which may include electronic indoor air monitoring devices.
(l) Grant money may be used for ice centers designed for sports other than hockey.
(m) Grant money may be used to upgrade existing facilities to comply with the bleacher safety requirements of section 326B.112."
Page 69, after line 13, insert:
"Sec. 55. Laws 2010, chapter 215, article 3, section 3, subdivision 6, as amended by Laws 2010, First Special Session chapter 1, article 6, section 6, is amended to read:
|
Subd. 6. Transfers
In |
|
|
|
|
(a) The amounts appropriated from the agency indirect costs account in the special revenue fund are reduced by $328,000 in fiscal year 2010 and $462,000 in fiscal year 2011, and those amounts must be transferred to the general fund by June 30, 2011. The appropriation reductions are onetime.
(b) The commissioner of management and budget
shall transfer $48,000,000 in fiscal year 2011 from the closed landfill
investment fund in Minnesota Statutes, section 115B.421, to the general fund. The commissioner shall transfer $12,000,000
$2,000,000 on July 1 in each of the years 2014, 2015, 2016,
and 2017 $15,000,000 in each of the years 2015 and 2016, and $16,000,000
in 2017 from the general fund to the closed landfill investment fund. For each transfer to the closed landfill
investment fund, the commissioner shall determine the total amount of interest
and other earnings that would have accrued to the fund if the transfers to the
general fund
under this paragraph had not been made and add this amount to the transfer. The amounts necessary for these transfers are appropriated from the general fund in the fiscal years specified for the transfers."
Renumber the subdivisions and sections in sequence and correct the internal references
Adjust amounts accordingly
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the amendment to
the amendment and the roll was called. There
were 110 yeas and 21 nays as follows:
Those who voted in the affirmative were:
Abeler
Allen
Anderson, M.
Anderson, P.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
FitzSimmons
Franson
Freiberg
Fritz
Green
Gunther
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kiel
Kresha
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Mahoney
Mariani
Marquart
Masin
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newton
Nornes
Norton
Paymar
Pelowski
Persell
Petersburg
Poppe
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Woodard
Yarusso
Zellers
Spk. Thissen
Those who voted in the negative were:
Albright
Anderson, S.
Benson, M.
Dettmer
Drazkowski
Garofalo
Gruenhagen
Hackbarth
Hoppe
Kelly
Kieffer
Leidiger
Loon
Mack
McDonald
Newberger
O'Driscoll
O'Neill
Peppin
Pugh
Zerwas
The motion prevailed and the amendment to
the amendment was adopted.
The question recurred on the Hausman amendment, as
amended, and the roll was called. There
were 86 yeas and 46 nays as follows:
Those who voted in the affirmative were:
Abeler
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davids
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Fabian
Falk
Faust
Fischer
Franson
Freiberg
Fritz
Gunther
Halverson
Hamilton
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Kiel
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Schomacker
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
Those who voted in the negative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Dean, M.
Dettmer
Drazkowski
Erickson, S.
FitzSimmons
Garofalo
Green
Gruenhagen
Hackbarth
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kresha
Leidiger
Lohmer
Loon
Mack
McDonald
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Torkelson
Woodard
Zellers
Zerwas
The
motion prevailed and the amendment, as amended, was adopted.
H. F. No. 270, A bill for an act relating to capital investment; authorizing spending to acquire and better public land and buildings and other improvements of a capital nature with certain conditions; modifying previous appropriations; authorizing the Housing Finance Agency to issue housing infrastructure bonds; establishing new programs and modifying or repealing existing programs; extending the authority to use negotiated sales; authorizing the sale and issuance of state bonds; appropriating money to match federal disaster aid for the April 2013 severe winter storm in southwest Minnesota; appropriating money; amending Minnesota Statutes 2012, sections 12A.16, subdivision 5; 16A.641, subdivision 4a; 16B.335, subdivisions 1, 2, 5; 16C.144, subdivisions 2, 3; 123B.65, subdivisions 1, 7; 174.50, subdivisions 6b, 7; 216C.10; 240A.09; 462A.36, subdivision 1; 462A.37, subdivision 1, by adding subdivisions; Laws 2002, chapter 393, section 22, subdivision 6, as amended; Laws 2005, chapter 20, article 1, sections 20, subdivision 3, as amended; 23, subdivision 12, as amended; Laws 2006, chapter 258, sections 17, subdivision 8, as amended; 18, subdivision 6; Laws 2008, chapter 179, sections 7, subdivision 26, as amended; 21, subdivision 3; Laws 2008, chapter 365, section 4, subdivision 3, as amended; Laws 2009, chapter 93, article 1, section 22, as amended; Laws 2010, chapter 189, section 16, subdivision 4, as amended; Laws 2010, chapter 215, article 3, section 3, subdivision 6, as amended; Laws 2011, First Special Session chapter 12, section 10; proposing coding for new law in Minnesota Statutes, chapters 116J; 216C; repealing Minnesota Statutes 2012, section 116J.433.
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 76 yeas and
56 nays as follows:
Those who voted in the affirmative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Uglem
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
Those who voted in the negative were:
Abeler
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Kresha
Leidiger
Lohmer
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Torkelson
Urdahl
Woodard
Zellers
Zerwas
Not
having received the constitutionally required three-fifths vote, the bill, as
amended, was not passed.
The
Speaker resumed the Chair.
H. F. No. 1823 was reported
to the House.
Metsa moved to amend H. F. No. 1823, the first engrossment, as follows:
Page 1, line 22, after the comma, insert "taking into account any other legislative compensation provided to legislators by the state of Minnesota,"
Page 1, line 24, delete "2014" and insert "2016"
A roll call was requested and properly
seconded.
Metsa moved to amend his amendment to H. F. No. 1823, the first engrossment, as follows:
Page 1, line 2, delete "1" and insert "2" and delete "22" and insert "2"
Page 1, line 4, delete "1" and insert "2" and delete "24" and insert "4"
Page 1, after line 4, insert:
"Page 3, line 21, delete "2015" and insert "2017""
A roll call was requested and properly
seconded.
POINT OF
ORDER
Daudt raised a point of order pursuant to
rule 3.33, relating to Amendments Must Be Prefiled, that the amendment to the
amendment was not in order. The Speaker
ruled the point of order not well taken and the amendment to the amendment in
order.
Daudt appealed the decision of the
Speaker.
A roll call was requested and properly
seconded.
The Speaker called Hortman to the Chair.
The vote was taken on the question
"Shall the decision of the Speaker stand as the judgment of the
House?" and the roll was called.
There were 72 yeas and 57 nays as follows:
Those who voted in the affirmative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
Those who voted in the negative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Hackbarth
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Kresha
Leidiger
Lohmer
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Rosenthal
Runbeck
Sanders
Schomacker
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Woodard
Zellers
Zerwas
So it was the judgment of the House that
the decision of the Speaker should stand.
POINT OF
ORDER
Daudt raised a point of order pursuant to
rule 3.21 that the amendment to the amendment was not in order. Speaker pro tempore Hortman ruled the point
of order not well taken and the amendment to the amendment in order.
Daudt appealed the decision of Speaker pro
tempore Hortman.
A roll call was requested and properly
seconded.
The vote was taken on the question
"Shall the decision of Speaker pro tempore Hortman stand as the judgment
of the House?" and the roll was called.
There were 71 yeas and 57 nays as follows:
Those who voted in the affirmative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
Those who voted in the negative were:
Abeler
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Hackbarth
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Kresha
Leidiger
Lohmer
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Woodard
Zellers
Zerwas
So it was the judgment of the House that
the decision of Speaker pro tempore Hortman should stand.
MOTION TO LAY ON THE TABLE
Daudt moved that
H. F. No. 1823 be laid on the table.
A roll call was requested and properly
seconded.
The question was taken on the Daudt motion
and the roll was called. There were 57
yeas and 72 nays as follows:
Those who voted in the affirmative were:
Abeler
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Hackbarth
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Kresha
Leidiger
Lohmer
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Woodard
Zellers
Zerwas
Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
The motion did not prevail.
The question recurred on the amendment to
the amendment and the roll was called.
There were 128 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
FitzSimmons
Franson
Freiberg
Fritz
Garofalo
Green
Gruenhagen
Hackbarth
Halverson
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Kelly
Kieffer
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Peppin
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Woodard
Yarusso
Zellers
Zerwas
Spk. Thissen
The
motion prevailed and the amendment to the amendment was adopted.
The question
recurred on the Metsa amendment, as amended, and the roll was called. There were 72 yeas and 56 nays as follows:
Those who voted in the affirmative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
Those who voted in the negative were:
Abeler
Albright
Anderson, M.
Anderson, P.
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Hackbarth
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Kresha
Leidiger
Lohmer
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Woodard
Zellers
Zerwas
The motion prevailed and the amendment, as
amended, was adopted.
The
Speaker resumed the Chair.
H. F. No. 1823, A bill for an act relating
to state government; proposing an amendment to the Minnesota Constitution,
article IV, section 9; authorizing a council to establish salaries for
legislators; changing the composition of the Compensation Council; amending
Minnesota Statutes 2012, section 15A.082, subdivisions 1, 2, 3.
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 69 yeas and 62 nays as follows:
Those who voted in the affirmative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Persell
Poppe
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
Those who voted in the negative were:
Abeler
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Hackbarth
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Kresha
Leidiger
Lenczewski
Lohmer
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Pelowski
Peppin
Petersburg
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Schomacker
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zellers
Zerwas
The bill was passed, as amended, and its
title agreed to.
There being no objection, the order of
business reverted to Messages from the Senate.
MESSAGES FROM THE SENATE
The
following messages were received from the Senate:
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:
H. F. No. 161, A bill for an act relating to probate; authorizing inventory and emergency order protecting specified personal property of homicide victim to preserve rights of decedent's heirs and beneficiaries; adding notice of rights and procedures to crime victims' chapter; amending Minnesota Statutes 2012, sections 524.2-803; 524.3-614; 524.3-615; 611A.02, subdivision 2.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:
H. F. No. 335, A bill for an act relating to courts; prohibiting exclusion from jury service on the basis of marital status or sexual orientation; amending Minnesota Statutes 2012, section 593.32, subdivision 1.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:
H. F. No. 694, A bill for an act relating to debt management and debt settlement; clarifying exemption for attorneys at law; modifying regulation of debt settlement services; amending Minnesota Statutes 2012, sections 332A.02, subdivision 8, by adding a subdivision; 332B.02, subdivision 13, by adding a subdivision; 332B.06, subdivisions 1, 4; 332B.09.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:
H. F. No. 814, A bill for an act relating to environment; requiring report of hazardous substance release to local 911 emergency dispatch center; amending Minnesota Statutes 2012, section 609.671, subdivision 10.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:
H. F. No. 1451, A bill for an act relating to transportation; bridges; providing for disposition of remnant steel of I-35W bridge; proposing coding for new law in Minnesota Statutes, chapter 3.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:
H. F. No. 1390, A bill for an act relating to state government; updating provisions in the Geospatial Information Office; amending Minnesota Statutes 2012, section 16E.30, subdivisions 7, 8, by adding subdivisions; repealing Minnesota Statutes 2012, section 16E.30, subdivisions 4, 5.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:
H. F. No. 790, A bill for an act relating to public safety; clarifying when conditional release terms of certain offenders begin; amending Minnesota Statutes 2012, sections 243.166, subdivision 5a; 609.2231, subdivision 3a; 609.3455, subdivisions 6, 7, 8; 617.246, subdivision 7; 617.247, subdivision 9.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
H. F. No. 681, A bill for an act relating to civil actions; changing the limitation period for civil actions involving sexual abuse; amending Minnesota Statutes 2012, section 541.073.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.
JoAnne M. Zoff, Secretary of the Senate
Mr.
Speaker:
I hereby announce that the Senate has
concurred in and adopted the report of the Conference Committee on:
S. F. No. 1236.
The Senate has repassed said bill in
accordance with the recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to
the House.
JoAnne M. Zoff, Secretary of the Senate
CONFERENCE COMMITTEE REPORT ON S. F. NO. 1236
A bill for an act relating to higher education; providing funding for the University of Minnesota, Minnesota State Colleges and Universities, the Minnesota Office of Higher Education, and for other higher education purposes; regulating the state grant program; limiting certain tuition increases; regulating bonus payments; eliminating state
regulation of certain online instruction; providing for local bank deposit of certain MnSCU reserves; requiring the development of strategies to assist in the completion of post-secondary programs; requiring an assessment of the feasibility of a state program to refinance student debt; creating a pilot program for intensive mentoring, counseling, and job placement activities for certain students; requiring an evaluation of which performance standards should be used to evaluate institutional eligibility for state student financial aid programs; requiring the University of Minnesota to develop a plan to reduce administrative costs; requiring a higher education mental health summit; creating a tribal college supplemental grant assistance program; recognizing veteran's experience and training for various higher education purposes; providing a pilot program for state grant aid to part-time students at MnSCU institutions; appropriating money; amending Minnesota Statutes 2012, sections 13.47, subdivision 3; 127A.70, subdivision 2; 135A.61; 136A.031, subdivision 2; 136A.101, subdivisions 3, 5a, 9; 136A.121, subdivision 5, by adding a subdivision; 136A.125, subdivisions 2, 4; 136A.233, subdivision 2; 136A.62, by adding a subdivision; 136A.646; 136A.65, subdivisions 4, 8; 136A.653, by adding a subdivision; 136F.40, subdivision 2; 137.027; 141.25, subdivision 7; 141.35; 197.775, subdivisions 1, 2, by adding a subdivision; 268.19, subdivision 1; 299A.45, subdivision 4; proposing coding for new law in Minnesota Statutes, chapters 135A; 136A; 136F; 137; repealing Minnesota Statutes 2012, section 136A.121, subdivision 9b.
May 16, 2013
The Honorable Sandra L. Pappas
President of the Senate
The Honorable Paul Thissen
Speaker of the House of Representatives
We, the undersigned conferees for S. F. No. 1236 report that we have agreed upon the items in dispute and recommend as follows:
That the House recede from its amendments and that S. F. No. 1236 be further amended as follows:
Delete everything after the enacting clause and insert:
"ARTICLE 1
HIGHER EDUCATION APPROPRIATIONS
|
Section 1. SUMMARY
OF APPROPRIATIONS. |
Subdivision 1. Summary
By Fund. The amounts shown in
this subdivision summarize direct appropriations, by fund, made in this
article.
|
SUMMARY BY FUND |
||||||
|
|
||||||
|
|
|
2014 |
|
2015 |
|
Total |
|
|
|
|
|
|
|
|
|
General |
|
$1,393,096,000
|
|
$1,422,165,000
|
|
$2,815,261,000
|
|
Health Care Access |
|
2,157,000
|
|
2,157,000
|
|
4,314,000
|
|
|
|
|
|
|
|
|
|
Total |
|
$1,395,253,000 |
|
$1,424,322,000 |
|
$2,819,575,000 |
Subd. 2. Summary
By Agency - All Funds. The
amounts shown in this subdivision summarize direct appropriations, by agency,
made in this article.
|
Sec. 2. HIGHER
EDUCATION APPROPRIATIONS. |
The sums shown in the columns marked
"Appropriations" are appropriated to the agencies and for the
purposes specified in this article. The
appropriations are from the general fund, or another named fund, and are
available for the fiscal years indicated for each purpose. The figures "2014" and
"2015" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2014, or June 30, 2015,
respectively. "The first year"
is fiscal year 2014. "The second
year" is fiscal year 2015. "The
biennium" is fiscal years 2014 and 2015.
|
|
|
|
APPROPRIATIONS |
||
|
|
|
|
Available for the Year |
||
|
|
|
|
Ending June 30 |
||
|
|
|
|
2014 |
2015 |
|
|
Sec. 3. MINNESOTA
OFFICE OF HIGHER EDUCATION |
|
|
|
|
Subdivision 1. Total
Appropriation |
|
$227,031,000 |
|
$224,572,000 |
The amounts that may be spent for each
purpose are specified in the following subdivisions.
|
Subd. 2. State
Grants |
|
179,141,000 |
|
176,781,000 |
If the appropriation in this subdivision
for either year is insufficient, the appropriation for the other year is
available for it.
|
Subd. 3. Child
Care Grants |
|
6,684,000 |
|
6,684,000 |
|
Subd. 4. State
Work-Study |
|
14,502,000 |
|
14,502,000 |
|
Subd. 5. Interstate
Tuition Reciprocity |
|
11,017,000 |
|
11,018,000 |
If the appropriation in this subdivision
for either year is insufficient, the appropriation for the other year is
available to meet reciprocity contract obligations.
|
Subd. 6. Safety
Officer's Survivors |
|
100,000
|
|
100,000
|
This
appropriation is to provide educational benefits under Minnesota Statutes, section
299A.45, to eligible dependent children and to the spouses of public safety
officers killed in the line of duty.
If the appropriation in this subdivision
for either year is insufficient, the appropriation for the other year is
available for it.
|
Subd. 7. Indian
Scholarships |
|
3,100,000
|
|
3,100,000
|
The
director must contract with or employ at least one person with demonstrated
competence in American Indian culture and residing in or near the city of
Bemidji to assist students with the scholarships under Minnesota Statutes,
section 136A.126, and with other information about financial aid for which the
students may be eligible. Bemidji State
University must provide office space at no cost to the Minnesota Office of
Higher Education for purposes of administering the American Indian scholarship
program under Minnesota Statutes, section 136A.126. This appropriation includes funding to
administer the American Indian scholarship program.
|
Subd. 8. Tribal
College Grants |
|
150,000
|
|
150,000
|
For tribal college assistance grants under
new Minnesota Statutes, section 136A.50.
|
Subd. 9. High School-to-College Developmental Transition Grants |
100,000
|
|
100,000
|
For grants under Minnesota Statutes,
section 135A.61, for the high school-to-college developmental transition
program grants.
|
Subd. 10. Intervention for College Attendance Program Grants |
671,000
|
|
671,000
|
For the intervention for college
attendance program under Minnesota Statutes, section 136A.861.
This appropriation includes funding to
administer the intervention for college attendance program grants.
|
Subd. 11. Student-Parent
Information |
|
122,000 |
|
122,000 |
|
Subd. 12. Get
Ready |
|
180,000 |
|
180,000 |
|
Subd. 13. Midwest
Higher Education Compact |
|
95,000 |
|
95,000 |
|
Subd. 14. Minnesota
Minority Partnership |
|
45,000 |
|
45,000 |
|
Subd. 15. United Family Medicine Residency Program |
351,000
|
|
351,000
|
For a grant to United Family
Medicine residency program. This
appropriation shall be used to support up to 18 resident physicians each year
in family practice at United Family Medicine residency programs and shall
prepare doctors to practice family care medicine in underserved rural and urban
areas of the state. It is intended that
this program will improve health care in underserved communities, provide
affordable access to appropriate medical care, and manage the treatment of
patients in a cost-effective manner.
|
Subd. 16. MnLINK
Gateway and Minitex |
|
5,905,000 |
|
5,905,000 |
|
Subd. 17. Statewide Longitudinal Education Data System |
882,000 |
|
882,000 |
$582,000 in fiscal year 2014 and $582,000
in fiscal year 2015 are appropriated to the Office of Higher Education for
transfer to the Office of Enterprise Technology to maintain infrastructure of
the Statewide Longitudinal Education Data System and to acquire additional data
through purchase and development. This
transfer to the Office of Enterprise Technology is onetime. Any ongoing information technology support or
costs for the Statewide Longitudinal Education Data System will be incorporated
into the service level agreement and will be paid to the Office of Enterprise
Technology by the Office of Higher Education under the rates and mechanism
specified in that agreement.
|
Subd. 18. Hennepin
County Medical Center |
|
645,000
|
|
645,000
|
For
transfer to Hennepin County Medical Center for graduate family medical
education programs at Hennepin County Medical Center.
|
Subd. 19. Teach
for America |
|
750,000
|
|
750,000
|
For the purpose of supporting Teach for
America activities in Minnesota and must not be used for teaching services
performed outside Minnesota. The
appropriation shall be used for:
(1) expenses related to the recruitment,
selection, and training of Teach for America corps members;
(2) ongoing professional development and
support of Teach for America corps members;
(3) ongoing alumni support; and
(4) management and operational support,
development, and central services, including finance, technology, and human services.
The appropriation for fiscal year 2015 is
not available until the appropriation for fiscal year 2014 is matched by
$2,121,000 from nonstate sources.
Teach for America must by
February 1, 2015, report to the chairs and ranking minority members of the
legislative committees and divisions with jurisdiction over higher education on
activities funded by this appropriation.
Specifically, and without limitation, the report must include a report
on the number of teachers of color funded and on the success of the teaching
activities. To the extent possible,
success must be measured using the Minnesota teachers development and
evaluation program.
|
Subd. 20. Prosperity
Act. |
|
|
|
|
$100,000 in fiscal year 2014 is
appropriated from the general fund to the Office of Higher Education for the
information technology costs associated with the implementation of the
Prosperity Act. This is a onetime
appropriation.
|
Subd. 21. Agency
Administration |
|
2,491,000 |
|
2,491,000 |
|
Subd. 22. Balances
Forward |
|
|
|
|
A balance in the first year under this
section does not cancel, but is available for the second year.
|
Subd. 23. Transfers
|
|
|
|
|
The Minnesota Office of Higher Education
may transfer unencumbered balances from the appropriations in this section to
the state grant appropriation, the interstate tuition reciprocity
appropriation, the child care grant appropriation, the Indian scholarship
appropriation, the state work-study appropriation, the get ready appropriation,
and the public safety officers' survivors appropriation. Transfers from the child care or state
work-study appropriations may only be made to the extent there is a projected
surplus in the appropriation. A transfer
may be made only with prior written notice to the chairs and ranking minority members
of the senate and house of representatives committees and divisions with
jurisdiction over higher education finance.
|
Sec. 4. BOARD OF TRUSTEES OF THE MINNESOTA STATE COLLEGES AND UNIVERSITIES |
|
|
|
|
Subdivision 1. Total
Appropriation |
|
$587,915,000 |
|
$605,143,000 |
The amounts that may be spent for each
purpose are specified in the following subdivisions.
|
Subd. 2. Central Office and Shared Services Unit |
33,074,000
|
|
33,074,000
|
For the Office of the Chancellor and the
Shared Services Division.
|
Subd. 3. Operations and Maintenance |
550,726,000
|
|
567,954,000
|
This appropriation includes $25,500,000 in fiscal year 2014 and $52,500,000 in fiscal year 2015 for student tuition relief. The Board of Trustees may not set the tuition rate in any undergraduate degree-granting program for the 2013-2014 and 2014-2015 academic years at a rate greater than the 2012-2013 academic year rate. The student tuition relief may not be offset by increases in mandatory fees, charges, or other assessments to the student.
To the
extent that appropriations under this subdivision are insufficient to meet
obligations contained in a labor or program contract, the Board of Trustees
shall fund those obligations through reductions in costs associated with
central administration of the system and executive administration of individual
campuses, or through reallocation of nonstate funds received by the
system. These outstanding obligations
may not be funded through reduction in any program or service that directly
impacts students or that is newly-authorized by the legislature for the
2014-2015 biennium, or through increased fees or costs directly assessed to
students.
$17,000,000 in fiscal year 2014 is for retention of talented faculty and staff. No later than April 1, 2014, the Board of Trustees must report to the legislative committees with jurisdiction over higher education finance and policy on the expenditure of these funds. The report must include:
(1) the aggregate number of positions
retained systemwide, and by individual campus;
(2) the criteria used to determine whether
a position qualified for retention funds from this appropriation;
(3)
the allocation of this appropriation among employment categories including, but
not limited to, central administrative staff, executive administration on
individual campuses, directors or chairs of individual programs and
departments, faculty, academic support and student services staff, auxiliary
services, and other employment categories as appropriate, and the average
compensation increase for positions within each category;
(4) an itemized accounting of this
appropriation's allocation by individual employment position, including each
position's job title, the full compensation and benefit structure for that
position before and after this appropriation is allocated, the percent increase
in compensation and benefits for that position as a result of this
appropriation, and data comparing the compensation and benefit structure
offered with similar positions at peer institutions; and
(5) the number of talented
faculty and staff positions targeted for retention that were not able to be
retained, and the reasons those positions were not retained.
$18,000 each year is for transfer to the
Cook County Higher Education Board to provide educational programming and
academic support services to remote regions in northeastern Minnesota. This appropriation is in addition to the
$102,000 per fiscal year this project currently receives. The project shall continue to provide
information to the Board of Trustees on the number of students served, credit
hours delivered, and services provided to students. The base appropriation under this paragraph
is $120,000 each year.
$7,278,000 in fiscal year 2015 is for a
leveraged equipment program. For the
purpose of this section, "equipment" means equipment for
instructional purposes for programs that the board determines would produce
graduates with skills for which there is a high employer need within the state. An equipment acquisition may be made under
this appropriation only if matched by cash or in-kind contributions from
nonstate sources.
No later than January 15, 2015, the Board
of Trustees shall submit a report to the legislative committees with oversight
over higher education finance and policy on the expenditure of these funds to
date. The reports must also list each
donor, and the amount contributed by the donor, or in the case of an in-kind
contribution, the nature and value of the contribution, received to date for purposes
of the required match.
$50,000 in fiscal year 2014 is to convene
a mental health issues summit. This is a
onetime appropriation.
Five percent of the fiscal year 2015
appropriation in this subdivision is available in fiscal year 2015 when the
Board of Trustees of the Minnesota State Colleges and Universities (MnSCU)
demonstrates to the commissioner of management and budget that the board has
met at least three of the following five performance goals:
(1) increase by at least four percent in
fiscal year 2013, compared to fiscal year 2010, graduates or degrees, diplomas,
and certificates conferred;
(2) increase by at least one percent the
fall 2013 persistence and completion rate for fall 2012 entering students
compared to the fall 2010 rate for fall 2009 entering students;
(3) increase by at least four percent the
fiscal year 2013 related employment rate for 2012 graduates compared to the
2011 rate for 2010 graduates;
(4)
by 2014, MnSCU must collect data on the number of Open Educational Resources
(OER) tools and services offered and formulate a plan to actualize a one
percent reduction in expenses directly related to the cost of instruction
incurred by students; and
(5) reallocate $22,000,000 that became
available through expense realignment in fiscal year 2014.
"Open
Educational Resources" includes, but is not limited to, textbooks, study
guides, worksheets, journals, video, audio recordings, massive open online
courses, or other innovative course configuration.
"Cost of instruction" means average
tuition, average fees, average cost to student for textbooks and related course
material.
By August 1, 2013, the Board of Trustees
and the Minnesota Office of Higher Education must agree on specific numerical
indicators and definitions for each of the five goals that will be used to
demonstrate the Minnesota State Colleges and Universities' attainment of each
goal. On or before April 1, 2014, the
Board of Trustees must report to the legislative committees with primary
jurisdiction over higher education finance and policy the progress of the
Minnesota State Colleges and Universities toward attaining the goals. The appropriation base for the next biennium
shall include appropriations not made available under this subdivision for
failure to meet performance goals.
|
Subd. 4. Learning
Network of Minnesota |
|
4,115,000 |
|
4,115,000 |
|
Sec. 5. BOARD OF REGENTS OF THE UNIVERSITY OF MINNESOTA |
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|
|
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Subdivision 1. Total
Appropriation |
|
$578,956,000 |
|
$593,256,000 |
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Appropriations
by Fund |
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||
|
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2014
|
2015
|
|
|
|
|
|
General |
576,799,000
|
591,099,000
|
|
Health Care Access |
2,157,000
|
2,157,000
|
The amounts that may be spent for each
purpose are specified in the following subdivisions.
|
Subd. 2. Operations
and Maintenance |
|
515,211,000
|
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529,511,000
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This appropriation includes funding for
operation and maintenance of the system.
This appropriation includes
$14,200,000 in fiscal year 2014 and $28,400,000 in fiscal year 2015 for tuition
relief. The Board of Regents is
requested to maintain the Minnesota resident undergraduate tuition rate for the
2013-2014 and 2014-2015 academic years at the 2012-2013 academic year rate.
$17,775,000 in fiscal year 2014 and
$17,875,000 in fiscal year 2015 are for the Minnesota Discovery, Research, and
InnoVation Economy (MnDRIVE) funding program.
Five percent of the fiscal year 2015
appropriation in this subdivision is available in fiscal year 2015 when the
Board of Regents of the University of Minnesota demonstrates to the
commissioner of management and budget that the board has met at least three of
the following five performance goals:
(1) increase by at least one percent the
Twin Cities campus undergraduate four-year, five-year, or six-year graduation
rates averaged over three years, for low-income students reported in fall 2014
over fall 2012. The average rate for
fall 2012 is calculated with the fall 2010, 2011, and 2012 graduation rates;
(2)
increase by at least three percent the total number of undergraduate STEM
degrees, averaged over three years, conferred by the University of Minnesota
Twin Cities campus reported in fiscal year 2014 over fiscal year 2012. The averaged number for fall 2012 is
calculated with the fall 2010, 2011, and 2012 number;
(3) increase by at least one percent the
four-year, five-year, or six-year graduation rates, averaged over three years,
at the University of Minnesota reported in fall 2014 over fall 2012. The average rate for fall 2012 is calculated
with the fall 2010, 2011, and 2012 graduation rates;
(4) for fiscal year 2014, decrease
administrative costs by $15,000,000; and
(5) increase invention disclosures by
three percent for fiscal year 2014 over fiscal year 2013 (net of student
disclosures).
By August 1, 2013, the Board of Regents
and the Minnesota Office of Higher Education must agree on specific numerical
indicators and definitions for each of the five goals that will be used to
demonstrate the University of Minnesota's attainment of each goal. On or before April 1, 2014, the Board of
Regents must report to the legislative committees with primary jurisdiction
over higher education finance and policy the progress of the University of
Minnesota toward attaining the goals. The
appropriation base for the next biennium shall include appropriations not made
available under this subdivision for failure to meet performance goals.
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Subd. 3. Primary
Care Education Initiatives |
|
2,157,000
|
|
2,157,000
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This appropriation is from the health care
access fund.
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Subd. 4. Special
Appropriations |
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|
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(a) Agriculture and Extension Service |
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42,922,000
|
|
42,922,000
|
For the Agricultural Experiment Station
and the Minnesota Extension Service:
(1) the agricultural experiment stations
and Minnesota Extension Service must convene agricultural advisory groups to
focus research, education, and extension activities on producer needs and
implement an outreach strategy that more effectively and rapidly transfers
research results and best practices to producers throughout the state;
(2) this appropriation includes funding
for research and outreach on the production of renewable energy from Minnesota
biomass resources, including agronomic crops, plant and animal wastes, and
native plants or trees. The following
areas should be prioritized and carried out in consultation with Minnesota
producers, renewable energy, and bioenergy organizations:
(i) biofuel and other energy production
from perennial crops, small grains, row crops, and forestry products in
conjunction with the Natural Resources Research Institute (NRRI);
(ii) alternative bioenergy crops and
cropping systems; and
(iii) biofuel coproducts used for
livestock feed;
(3) this appropriation includes funding
for the College of Food, Agricultural, and Natural Resources Sciences to
establish and provide leadership for organic agronomic, horticultural,
livestock, and food systems research, education, and outreach and for the
purchase of state-of-the-art laboratory, planting, tilling, harvesting, and
processing equipment necessary for this project;
(4) this appropriation includes funding
for research efforts that demonstrate a renewed emphasis on the needs of the
state's agriculture community. The
following areas should be prioritized and carried out in consultation with
Minnesota farm organizations:
(i) vegetable crop research with priority
for extending the Minnesota vegetable growing season;
(ii) fertilizer and soil fertility
research and development;
(iii) soil, groundwater, and
surface water conservation practices and contaminant reduction research;
(iv) discovering and developing plant
varieties that use nutrients more efficiently;
(v) breeding and development of turf seed
and other biomass resources in all three Minnesota biomes;
(vi) development of new disease-resistant
and pest-resistant varieties of turf and agronomic crops;
(vii) utilizing plant and livestock cells
to treat and cure human diseases;
(viii) the development of dairy
coproducts;
(ix) a
rapid agricultural response fund for current or emerging animal, plant, and
insect problems affecting production or food safety;
(x) crop pest and animal disease research;
(xi) developing animal agriculture that is
capable of sustainably feeding the world;
(xii) consumer food safety education and
outreach;
(xiii) programs to meet the research and
outreach needs of organic livestock and crop farmers; and
(xiv) alternative bioenergy crops and
cropping systems; and growing, harvesting, and transporting biomass plant
material; and
(5) by February 1, 2015, the Board of
Regents must submit a report to the legislative committees and divisions with
responsibility for agriculture and higher education finance on the status and
outcomes of research and initiatives funded in this section.
|
(b) Health Sciences |
|
4,854,000
|
|
4,854,000
|
$346,000 each year is to support up to 12
resident physicians in the St. Cloud Hospital family practice residency
program. The program must prepare
doctors to practice primary care medicine in rural areas of the state. The legislature intends this program to
improve health care in rural communities, provide affordable access to
appropriate medical care, and manage the treatment of patients in a more
cost-effective manner. The remainder of
this appropriation is for the rural physicians associates program, the
Veterinary Diagnostic Laboratory, health sciences research, dental care, and
the Biomedical Engineering Center.
|
(c) Institute of Technology |
|
1,140,000
|
|
1,140,000
|
For the geological survey and the talented
youth mathematics program.
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(d) System Special |
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5,181,000
|
|
5,181,000
|
For
general research, the Labor Education Service, Natural Resources Research
Institute, Center for Urban and Regional Affairs, Bell Museum of Natural
History, and the Humphrey exhibit.
Of this amount, $125,000 in fiscal year
2014 and $125,000 in fiscal year 2015 are
added to the base for the Labor Education Service.
|
(e) University of Minnesota and Mayo Foundation Partnership |
7,491,000
|
|
7,491,000
|
For the direct and indirect expenses of
the collaborative research partnership between the University of Minnesota and
the Mayo Foundation for research in biotechnology and medical genomics. This appropriation is available until
expended. An annual report on the
expenditure of these funds must be submitted to the governor and the chairs of
the legislative committee responsible for higher education finance by June 30
of each fiscal year.
|
Subd. 5. Academic
Health Center |
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The appropriation for Academic Health
Center funding under Minnesota Statutes, section 297F.10, is estimated to be
$22,250,000 each year.
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Sec. 6. MAYO
CLINIC |
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|
|
|
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Subdivision 1. Total
Appropriation |
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$1,351,000 |
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$1,351,000 |
The amounts that may be spent are
specified in the following subdivisions.
|
Subd. 2. Medical
School |
|
665,000
|
|
665,000
|
The state must pay a capitation each year
for each student who is a resident of Minnesota. The appropriation may be transferred between
each year of the biennium to accommodate enrollment fluctuations. It is intended that during the biennium the
Mayo Clinic use the capitation money to increase the number of doctors
practicing in rural areas in need of doctors.
|
Subd. 3. Family Practice and Graduate Residency
Program |
686,000
|
|
686,000
|
The state must pay stipend support for up
to 27 residents each year.
ARTICLE 2
HIGHER EDUCATION POLICY
Section 1. Minnesota Statutes 2012, section 13.47, subdivision 3, is amended to read:
Subd. 3. Dissemination. (a) Employment and training data may be disseminated by employment and training service providers:
(a) (1) to other employment
and training service providers to coordinate the employment and training
services for the data subject or to determine eligibility or suitability for
services from other programs;
(b) (2) to local and state
welfare agencies for monitoring the eligibility of the participant for
assistance programs, or for any employment or training program administered by
those agencies; and
(c) (3) to the commissioner
of employment and economic development.
(b) The commissioner of employment and
economic development may disseminate employment and training data to the Office
of Higher Education for purposes of supporting program improvement, system evaluation,
and research initiatives including the Statewide Longitudinal Education Data
System.
Sec. 2. Minnesota Statutes 2012, section 127A.70, subdivision 2, is amended to read:
Subd. 2. Powers and duties; report. (a) The partnership shall develop recommendations to the governor and the legislature designed to maximize the achievement of all P-20 students while promoting the efficient use of state resources, thereby helping the state realize the maximum value for its investment. These recommendations may include, but are not limited to, strategies, policies, or other actions focused on:
(1) improving the quality of and access to education at all points from preschool through graduate education;
(2) improving preparation for, and transitions to, postsecondary education and work; and
(3) ensuring educator quality by creating rigorous standards for teacher recruitment, teacher preparation, induction and mentoring of beginning teachers, and continuous professional development for career teachers.
(b) Under the direction of the P-20
Education Partnership Statewide Longitudinal Education Data System Governance
Committee, the Office of Higher Education, and the Departments of Education and
Employment and Economic Development shall improve and expand the statewide
longitudinal education data system (SLEDS) to provide policymakers, education
and workforce leaders, researchers, and members of the public with data,
research, and reports to:
(1) expand reporting on students'
educational outcomes;
(2) evaluate the effectiveness of
educational and workforce programs; and
(3) evaluate the relationship between
education and workforce outcomes.
To the extent possible under federal
and state law, research and reports should be accessible to the public on the
Internet, and disaggregated by demographic characteristics, organization or
organization characteristics, and geography.
It is the intent of the
legislature that the statewide longitudinal education data system inform public
policy and decision-making. The SLEDS
governance committee, with assistance from staff of the Office of Higher
Education, the Department of Education, and the Department of Employment and
Economic Development, shall respond to legislative committee and agency
requests on topics utilizing data made available through the statewide
longitudinal education data system as resources permit. Any analysis of or report on the data must
contain only summary data.
(c) By January 15 of each year, the partnership shall submit a report to the governor and to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over P-20 education policy and finance that summarizes the partnership's progress in meeting its goals and identifies the need for any draft legislation when necessary to further the goals of the partnership to maximize student achievement while promoting efficient use of resources.
Sec. 3. Minnesota Statutes 2012, section 135A.031, subdivision 7, is amended to read:
Subd. 7. Reports. (a) Instructional and noninstructional
expenditure data and enrollment data must be submitted in the biennial budget
document under section 135A.034. This
report must include a description of the methodology for determining
instructional and noninstructional expenditures and estimates of inflation in
higher education and the methodology or index used to determine the inflation
rate. The University of Minnesota
and the Minnesota State Colleges and Universities systems shall include in
their biennial budget proposals to the legislature:
(1) a five-year history of systemwide
expenditures, reported by:
(i) functional areas, including
instruction, research, public service, student financial aid, and auxiliary
services, and including direct costs and indirect costs, such as institutional
support, academic support, student services, and facilities management,
associated with each functional area; and
(ii) objects of expenditure, such as
salaries, benefits, supplies, and equipment;
(2) a five-year history of the system's
total instructional expenditures per full-year equivalent student, by level of
instruction, including upper-division undergraduate, lower-division
undergraduate, graduate, professional, and other categories of instructional
programs offered by the system;
(3) a five-year history of the system's total revenues by funding source, including tuition, state operations and maintenance appropriations, state special appropriations, other restricted state funds, federal appropriations, sponsored research funds, gifts, auxiliary revenue, indirect cost recovery, and any other revenue sources;
(b) By February 1 of each even-numbered
year, the Board of Regents of the University of Minnesota and the Board of
Trustees of the Minnesota State Colleges and Universities must submit a report
to the chairs of the legislative committees with jurisdiction over higher
education policy and finance. The report
must describe the following:
(1) (4) an explanation describing
how state appropriations made to the system in the previous odd-numbered
year biennium were allocated and the methodology used to determine
the allocation;
(2) (5) data describing how
the institution reallocated resources to advance the priorities set forth in
the budget submitted under section 135A.034 and the statewide objectives under
section 135A.011. The information must
indicate whether instruction and support programs received a reduction in or
additional resources. The total amount
reallocated must be clearly explained;
(3) (6) the tuition rates and
fees established by the governing board in each of the past ten years and
comparison data for peer institutions and national averages;
(4) (7) data on the number and proportion of students graduating within four, five, and six years from universities and within three years from colleges as reported in the integrated postsecondary education data system. These data must be provided for each institution by race, ethnicity, and gender. Data and information must be submitted that describe the system's plan and progress toward attaining the goals set forth in the plan to increase the number and proportion of students that graduate within four, five, or six years from a university or within three years from a college;
(5) (8) data on, and the
methodology used to measure, the number of students traditionally
underrepresented in higher education enrolled at the system's institutions. Data and information must be submitted that
describe the system's plan and progress toward attaining the goals set forth in
the plan to increase the recruitment, retention, and timely graduation of
students traditionally underrepresented in higher education; and
(6) (9) data on the revenue
received from all sources to support research or workforce development
activities or the system's efforts to license, sell, or otherwise market
products, ideas, technology, and related inventions created in whole or in part
by the system. Data and information must
be submitted that describe the system's plan and progress toward attaining the
goals set forth in the plan to increase the revenue received to support
research or workforce development activities or revenue received from the
licensing, sale, or other marketing and technology transfer activities by the
system.
(c) Instructional expenditure and
enrollment data (b) Data required by this subdivision shall be
submitted by the public postsecondary systems to the Minnesota Office of Higher
Education and the Department of Management and Budget and included in the
biennial budget document. The
specific data shall be submitted only after the director of the Minnesota
Office of Higher Education has consulted with a data advisory task force to
determine the need, content, and detail of the information. Representatives from each system, in
consultation with the commissioner of management and budget and the director of
the Office of Higher Education, shall develop consistent reporting practices
for this purpose.
(c) To the extent practicable, each
system shall develop the ability to respond to legislative requests for
financial analyses that are more detailed than those required by this
subdivision, including but not limited to analyses that show expenditures or
revenues by institution or program, or in multiple categories of expenditures
or revenues, and analyses that show revenue sources for particular types of
expenditures.
Sec. 4. Minnesota Statutes 2012, section 135A.61, is amended to read:
135A.61
HIGH SCHOOL-TO-COLLEGE DEVELOPMENTAL TRANSITION PROGRAMS PROGRAM
GRANTS.
Subdivision 1. High
school-to-college developmental transition programs program grants. All public higher education systems
and other higher education institutions in Minnesota are encouraged to offer
(a) The director of the Minnesota Office of Higher Education shall award
competitive matching grants to Minnesota public and private postsecondary
institutions offering research-based high school-to-college developmental
transition programs to prepare students for college-level academic coursework. A program under this section must, at a
minimum, include instruction to develop the skills and abilities necessary to
be ready for college-level coursework when the student enrolls in a degree,
diploma, or certificate program and must address the academic skills identified
as needing improvement by a college readiness assessment completed by the
student. A program Developmental
courses offered under this section must not constitute more than the
equivalent of one semester of full-time study occurring in the summer following
high school graduation. The courses
completed in a program under this section must be identified on the student's
transcript with a unique identifier to distinguish it them from
other developmental education courses or programs. Courses attended will not count towards
the limit on postsecondary education used for state financial aid programs
under sections 136A.121, subdivision 9, and 136A.125, subdivision 2, paragraph
(a), clause (4).
Grants must be awarded to
programs that provide instruction and services including, but not limited to:
(1) summer developmental courses in academic areas requiring remediation;
(2) academic advising, mentoring, and
tutoring during the summer program and throughout the student's first year of
enrollment;
(3) interaction with student support
services, admissions and financial aid offices; and
(4) orientation to college life, such
as study skills or time management.
(b) Grants shall be awarded to eligible
postsecondary institutions as defined in section 136A.103.
(c) Grants shall be awarded for one
year and may be renewed for a second year with documentation to the Minnesota
Office of Higher Education of successful program outcomes.
Subd. 1a. Eligible
students. (a) Eligible
students include students who earned a high school diploma or its equivalent
during the academic year immediately preceding the summer program and who meet
one or more of the following criteria:
(1) are counted under section 1124(c)
of the Elementary and Secondary Education Act of 1965 (Title I);
(2) are eligible for free or
reduced-price lunch under the National School Lunch Act;
(3) receive assistance under the Temporary Assistance for Needy Families Law (Title I of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996); or
(4) are a member of a group
traditionally underrepresented in higher education.
(b) Eligible students include those who
met the student eligibility criteria in the student's final year of high school
and plan to enroll in college the academic year following high school
graduation or its equivalency.
Subd. 1b. Application
process. (a) The director of
the Minnesota Office of Higher Education shall develop a grant application
process. The director shall attempt to
support projects in a manner that ensures that eligible students throughout the
state have access to program services.
(b) The grant application must include,
at a minimum, the following information:
(1) a description of the
characteristics of the students to be served reflective of the need for
services listed in subdivision 1;
(2) a description of the services to be
provided and a timeline for implementation of the activities;
(3) a description of how the services
provided will improve postsecondary readiness and support postsecondary
retention;
(4) a description of how the services
will be evaluated to determine whether the program goals were met; and
(5) other information as identified by
the director.
Grant recipients must specify both
program and student outcome goals, and performance measures for each goal.
Subd. 1c. Match
required. Applicants are
required to match the grant amount dollar-for-dollar. The match may be in cash or an in-kind contribution.
Subd. 1d. Review
committee. The director must
establish and convene a grant selection committee to review applications and
award grants. The members of the
committee may include representatives of postsecondary institutions, school
districts, organizations providing college outreach services, and others deemed
appropriate by the director.
Subd. 2. High
school-to-college developmental transition programs evaluation report. (a) Institutions that offer a high
school-to-college developmental transition program and enroll students that
receive a grant under section 136A.121, subdivision 9b, must annually
submit data and information about the services provided and program outcomes to
the director of the Minnesota Office of Higher Education.
(b) The director must establish and convene a data working group to develop: (1) the data methodology to be used in evaluating the effectiveness of the programs implemented to improve the academic performance of participants, including the identification of appropriate comparison groups; and (2) a timeline for institutions to submit data and information to the director. The data working group must develop procedures that ensure consistency in the data collected by each institution. Data group members must have expertise in data collection processes and the delivery of academic programs to students, and represent the types of institutions that offer a program under this section. The data group must assist the director in analyzing and synthesizing institutional data and information to be included in the evaluation report submitted to the legislature under subdivision 3.
(c) Participating institutions must specify both program and student outcome goals and the activities implemented to achieve the goals. The goals must be clearly stated and measurable, and data collected must enable the director to verify the program has met the outcome goals established for the program.
(d) The data and information submitted must include, at a minimum, the following:
(1) demographic information about program participants;
(2) names of the high schools from which the students graduated;
(3) the college readiness test used to determine the student was not ready for college-level academic coursework;
(4) the academic content areas assessed and the scores received by the students on the college readiness test;
(5) a
description of the services, including any supplemental noncredit academic
support services, provided to students;
(6) data on the registration load, courses completed, and grades received by students;
(7) the retention of students from the term they participated in the program to the fall term immediately following graduation from high school;
(8) information about the student's enrollment in subsequent terms; and
(9) other information specified by the director or the data group that facilitates the evaluation process.
Subd. 3. Report
to legislature. By March 15 of each
year, beginning in 2011, the director shall submit a report to the
committees of the legislature with jurisdiction over higher education finance
and policy that evaluates the effectiveness
of programs in improving the academic performance of students who participated
in the transition programs.
EFFECTIVE
DATE. The amendments in this section
are effective for programs offered in the summer of 2014 and thereafter.
Sec. 5. Minnesota Statutes 2012, section 136A.101, subdivision 3, is amended to read:
Subd. 3. Director
Commissioner. "Director"
"Commissioner" means the director commissioner
of the Minnesota Office of Higher Education.
Sec. 6. Minnesota Statutes 2012, section 136A.101, subdivision 9, is amended to read:
Subd. 9. Independent
student. "Independent
student" has the meaning given it in under Title IV of the
Higher Education Act of 1965, United States Code, title 20, section 1070a-6
as amended, and applicable regulations.
Sec. 7. Minnesota Statutes 2012, section 136A.121, is amended by adding a subdivision to read:
Subd. 20. Institution
reporting. (a) Each
institution receiving financial aid under this section must annually report by
December 31 to the office the following for its undergraduate programs:
(1) enrollment, persistence, and
graduation data for all students, including aggregate information on state and
federal Pell grant recipients;
(2) the job placement rate and salary
and wage information for graduates of each program that is either designed or
advertised to lead to a particular type of job or advertised or promoted with a
claim regarding job placement, as is practicable; and
(3) the student debt to earnings ratio
of graduates.
(b) The office shall provide the
following on its Internet Web site:
(1) the information submitted by an
institution pursuant to paragraph (a), which shall be made available in a
searchable database; and
(2) other information and links that
are useful to students and parents who are in the process of selecting a
college or university. This information
may include, but is not limited to, local occupational profiles.
(c) The office shall provide a standard
format and instructions for supplying the information required under paragraph
(a).
Sec. 8. Minnesota Statutes 2012, section 136A.125, subdivision 2, is amended to read:
Subd. 2. Eligible students. (a) An applicant is eligible for a child care grant if the applicant:
(1) is a resident of the state of Minnesota;
(2) has a child 12 years of age or younger, or 14 years of age or younger who is disabled as defined in section 125A.02, and who is receiving or will receive care on a regular basis from a licensed or legal, nonlicensed caregiver;
(3) is income eligible as determined by the office's policies and rules, but is not a recipient of assistance from the Minnesota family investment program;
(4) has not earned a baccalaureate degree and has been enrolled full time less than eight semesters or the equivalent;
(5) is pursuing a nonsectarian program or course of study that applies to an undergraduate degree, diploma, or certificate;
(6) is enrolled at least half time in an eligible institution; and
(7) is in good academic standing and making satisfactory academic progress.
(b) A student who withdraws from enrollment for active military service or for a major illness, while under the care of a medical professional, that substantially limits the student's ability to complete the term is entitled to an additional semester or the equivalent of grant eligibility and will be considered to be in continuing enrollment status upon return.
Sec. 9. Minnesota Statutes 2012, section 136A.125, subdivision 4, is amended to read:
Subd. 4. Amount and length of grants. (a) The amount of a child care grant must be based on:
(1) the income of the applicant and the applicant's spouse;
(2) the number in the applicant's family, as defined by the office; and
(3) the number of eligible children in the applicant's family.
(b) The maximum award to the applicant shall
be $2,600 $2,800 for each eligible child per academic year,
except that the campus financial aid officer may apply to the office for
approval to increase grants by up to ten percent to compensate for higher
market charges for infant care in a community.
The office shall develop policies to determine community market costs
and review institutional requests for compensatory grant increases to ensure
need and equal treatment. The office
shall prepare a chart to show the amount of a grant that will be awarded per
child based on the factors in this subdivision.
The chart shall include a range of income and family size.
Sec. 10. Minnesota Statutes 2012, section 136A.233, subdivision 2, is amended to read:
Subd. 2. Definitions. For purposes of sections 136A.231 to 136A.233, the words defined in this subdivision have the meanings ascribed to them.
(a) "Eligible student" means a Minnesota resident enrolled or intending to enroll at least half time in a degree, diploma, or certificate program in a Minnesota postsecondary institution.
(b) "Minnesota resident" means a student who meets the conditions in section 136A.101, subdivision 8.
(c) "Financial need" means the need for financial assistance in order to attend a postsecondary institution as determined by a postsecondary institution according to guidelines established by the Minnesota Office of Higher Education.
(d) "Eligible employer" means any eligible postsecondary institution, any nonprofit, nonsectarian agency or state institution located in the state of Minnesota, a disabled person or a person over 65 who employs a student to provide personal services in or about the person's residence, or a private, for-profit employer employing a student as an intern in a position directly related to the student's field of study that will enhance the student's knowledge and skills in that field.
(e) "Eligible postsecondary institution" means any postsecondary institution eligible for participation in the Minnesota state grant program as specified in section 136A.101, subdivision 4.
(f) "Independent
student" has the meaning given it in under Title IV of the
Higher Education Act of 1965, United States Code, title 20, section 1070a-6
as amended, and applicable regulations.
(g) "Half time" for undergraduates has the meaning given in section 136A.101, subdivision 7b, and for graduate students is defined by the institution.
Sec. 11. [136A.50]
TRIBAL COLLEGE SUPPLEMENTAL GRANT ASSISTANCE.
Subdivision 1. Definitions. (a) As used in this section, the
following terms have the meanings given them.
(b) "Nonbeneficiary student"
means a resident of Minnesota who is enrolled in a tribally controlled college
but is not an enrolled member of a federally recognized Indian tribe.
(c) "Tribally controlled
college" means an accredited institution of higher education located in
this state that is formally controlled by or has been formally sanctioned or
chartered by the governing body of a federally recognized Indian tribe, or a
combination of federally recognized Indian tribes. Tribally controlled college does not include
any institution or campus subject to the jurisdiction of the Board of Trustees
of the Minnesota State Colleges and Universities or the Board of Regents of the
University of Minnesota.
Subd. 2. Eligibility;
grant assistance. (a) A
tribally controlled college is eligible to receive supplemental grant
assistance from the Office of Higher Education, as provided in this section,
for nonbeneficiary student enrollment if the college is not otherwise eligible
to receive federal grant funding for those students under United States Code,
title 25, section 1808.
(b) The office shall make grants to
tribally controlled colleges to defray the costs of education associated with
the enrollment of nonbeneficiary students.
Grants made pursuant to this section must be provided directly to the
recipient college.
Subd. 3. Grant
application. To receive a
grant under this section, a tribally controlled college must submit an
application in the manner required by the Office of Higher Education. Upon submission of a completed application
indicating that the tribally controlled college is eligible, the office shall
distribute to the college, during each year of the biennium, a grant of $5,300
for each nonbeneficiary student on a full-time equivalent basis. If the amount appropriated for grants under
this section is insufficient to cover the total amount of grant eligibility,
the office shall distribute a prorated amount per nonbeneficiary student on a
full-time equivalent basis.
Subd. 4. Reporting
by recipient institutions. Each
tribally controlled college receiving a grant under this section shall provide
to the Office of Higher Education, on an annual basis, an accurate and detailed
account of the expenditures of the grant funds received by the college, and a
copy of the college's most recent audit report and documentation of the
enrollment status and ethnic status of each nonbeneficiary student for which
grant assistance is sought under this section.
Sec. 12. Minnesota Statutes 2012, section 136A.62, is amended by adding a subdivision to read:
Subd. 6. Online
platform service. An online
platform service is a nondegree granting entity that provides online access to schools as defined in
subdivision 3, to enable the schools to offer online training, courses, or
programs.
Sec. 13. Minnesota Statutes 2012, section 136A.646, is amended to read:
136A.646
ADDITIONAL SECURITY.
(a) In the event any registered institution is notified by the United States Department of Education that it has fallen below minimum financial standards and that its continued participation in Title IV will be conditioned upon its satisfying either the Zone Alternative, Code of Federal Regulations, title 34, section 668.175, paragraph (f), or a
Letter of Credit Alternative, Code of Federal Regulations, title 34, section 668.175, paragraph (c), the institution shall provide a surety bond conditioned upon the faithful performance of all contracts and agreements with students in a sum equal to the "letter of credit" required by the United States Department of Education in the Letter of Credit Alternative, but in no event shall such bond be less than $10,000 nor more than $250,000.
(b) In lieu of a bond, the applicant may deposit with the commissioner of management and budget:
(1) a sum equal to the amount of the required surety bond in cash; or
(2) securities, as may be legally purchased by savings banks or for trust funds, in an aggregate market value equal to the amount of the required surety bond.
(c) The surety of any bond may cancel it
upon giving 60 days' notice in writing to the office and shall be relieved of
liability for any breach of condition occurring after the effective date of
cancellation.
Sec. 14. Minnesota Statutes 2012, section 136A.65, subdivision 8, is amended to read:
Subd. 8. Disapproval
of registration appeal. (a) If a
school's degree or use of a term in its name is disapproved by the office, the
school may request a hearing under chapter 14.
The request must be in writing and made to the office within 30 days of
the date the school is notified of the disapproval.
(b) (a) The office may refuse
to renew, revoke, or suspend registration, approval of a school's degree, or
use of a regulated term in its name by giving written notice and reasons to the
school. The school may request a
hearing under chapter 14. If a hearing
is requested, no revocation or suspension shall take effect until after the
hearing.
(c) (b) Reasons for revocation or suspension
of registration or approval may be for one or more of the following reasons:
(1) violating the provisions of sections 136A.61 to 136A.71;
(2) providing false, misleading, or incomplete information to the office;
(3) presenting information about the school which is false, fraudulent, misleading, deceptive, or inaccurate in a material respect to students or prospective students; or
(4) refusing to allow reasonable inspection or to supply reasonable information after a written request by the office has been received.
(c) Any order refusing, revoking, or
suspending a school's registration, approval of a school's degree, or use of a
regulated term in the school's name is appealable in accordance with chapter 14. The request must be in writing and made to
the office within 30 days of the date the school is notified of the action of
the office. If a school has been
operating and its registration has been revoked, suspended, or refused by the
office, the order is not effective until the final determination of the appeal,
unless immediate effect is ordered by the court.
Sec. 15. Minnesota Statutes 2012, section 136A.653, is amended by adding a subdivision to read:
Subd. 3a. Tuition-free
educational courses. A
school, including a school using an online platform service, offering training,
courses, or programs is exempt from sections 136A.61 to 136A.71, to the extent
it offers tuition-free courses to students in Minnesota. A course will be considered tuition-free if
the school charges no tuition and the required fees and other required charges
paid by the student for the course do not exceed two percent of the most recent
average undergraduate tuition and required fees as of January 1 of the current
year charged for full-time students at all degree-granting institutions as
published annually by the United States Department of Education as of
January
1 of each year. To qualify for an
exemption a school or online platform service must prominently display a notice
comparable to the following: "IMPORTANT: Each educational institution makes its own
decision regarding whether to accept completed coursework for credit. Check with your university or college."
Sec. 16. Minnesota Statutes 2012, section 136F.40, subdivision 2, is amended to read:
Subd. 2. Contracts. (a) The board may enter into a contract with the chancellor, a vice-chancellor, or a president, containing terms and conditions of employment. The terms of the contract must be authorized under a plan approved under section 43A.18, subdivision 3a.
(b) Notwithstanding section 43A.17, subdivision 11, or other law to the contrary, a contract under this section may provide a liquidated salary amount or other compensation if a contract is terminated by the board prior to its expiration.
(c) Notwithstanding section 356.24 or other law to the contrary, a contract under this section may contain a deferred compensation plan made in conformance with section 457(f) of the Internal Revenue Code.
(d) Notwithstanding any provision of
the plan approved under section 43A.18, subdivision 3a, a contract under this
section must not authorize or otherwise provide for a discretionary or mandatory
bonus or other performance-based incentive payment.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies to contracts entered
into on or after that date.
Sec. 17. [136F.99]
STATEWIDE ELECTRONIC INFRASTRUCTURE; PORTFOLIO SOLUTIONS.
Subdivision 1. Collaborative
infrastructure. (a) The
Department of Employment and Economic Development, the Department of Education,
the Office of Higher Education, the University of Minnesota, and the Minnesota
State Colleges and Universities shall collaborate to implement an electronic
infrastructure to support academic and workforce success statewide. The infrastructure shall first utilize
existing assets, tools, and services, including but not limited to
efolioMinnesota and GPS LifePlan. To
facilitate implementation of this section, the Board of Trustees of the
Minnesota State Colleges and Universities shall support efolioMinnesota and GPS
LifePlan until at least June 30, 2015.
(b) To the extent possible, the basic
electronic infrastructure shall be available at no charge to all state
residents and to all students attending Minnesota educational institutions.
Subd. 2. Goals;
programs. The Board of
Trustees of the Minnesota State Colleges and Universities may enhance the efolioMinnesota
platform to allow, at a minimum, implementation of:
(1) a portfolio-based individual
learning plan solution that includes comprehensive academic and life planning
instruments, to support student transitions to postsecondary school or to work;
and
(2) a student-owned proficiency
portfolio solution to support student transitions to the workplace and
employers seeking first-day-work-ready employees.
Subd. 3. Resources;
accountability reports. (a)
The Board of Trustees of the Minnesota State Colleges and Universities may seek
and accept contributions from individuals, businesses, and other organizations
to support the goals required by this section.
The parties listed in subdivision 1 are not required to contribute. All contributions received are appropriated
to the Board of Trustees of the Minnesota State Colleges and Universities and
shall be administered as directed by the Board of Trustees.
(b) The Board of Trustees of
the Minnesota State Colleges and Universities shall submit, no later than
January 15
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 18. Minnesota Statutes 2012, section 137.027, is amended to read:
137.027
APPROPRIATION; FRINGE BENEFITS.
(a) Direct appropriations to the University of Minnesota include money to pay the employer's share of Social Security, state retirement, and health insurance. Money provided for these purposes shall be expended only for these purposes and any amounts in excess of the employer's share shall be returned to the state treasury.
(b) Unless otherwise explicitly
provided for in law, direct appropriations to the University of Minnesota do
not include, and may not be used to pay, any mandatory or discretionary bonus
or other performance-based incentive payment provided for in an employment
contract with the president or vice-presidents, chancellors, provosts, vice
provosts, deans, or directors of individual programs.
Sec. 19. [137.71]
MINNESOTA DISCOVERY, RESEARCH, AND INNOVATION ECONOMY FUNDING PROGRAM.
Subdivision 1. Establishment. (a) The Minnesota Discovery, Research,
and InnoVation Economy (MnDRIVE) funding program is established to discover new
knowledge through scientific research that will:
(1) advance the state's economy;
(2) leverage opportunities and
establish priorities in sectors of state strength and comparative advantage;
(3) improve the health and wellbeing of
Minnesota's citizens;
(4) advance the capacity and
competitiveness of existing and emerging food- and manufacturing-related
science and technology industries; and
(5) build a better Minnesota by driving
progress and advancing the common good.
(b) The MnDRIVE funding program shall
establish priorities by investing in scientific research that promotes:
(1) programs that can position
Minnesota as a leader in engineering, science, technology, and food-related
solutions;
(2) initiatives that support the growth
of targeted industry clusters and the competitiveness of existing Minnesota
engineering, science, technology, and food companies in developing new products
and services;
(3) initiatives that can result in
creating new Minnesota-based companies;
(4) initiatives that can improve the
quality of life of Minnesota's citizens, decrease the incidence of disease, and
transform how we prevent, treat, and cure diseases; and
(5) initiatives that can secure a safer
environment, seek sustainable energy solutions, and prevent, diagnose, and
treat environmental problems associated with Minnesota industry.
Subd. 2. Funding
requests. The Board of
Regents of the University of Minnesota, acting alone or in partnership with
other public or private entities, is requested to submit investment proposals
consistent with the goals and objectives of the MnDRIVE funding program as part
of the Board of Regents biennial budget request to the legislature. The Board of Regents must give consideration
to investments in existing scientific research programs that meet these
guidelines but may require additional resources in order to preserve or
accelerate Minnesota into a national or global leadership position. The governor shall submit a recommendation to
the legislature regarding funding requests submitted by the Board of Regents.
Subd. 3. Reporting. By March 1 of each odd-numbered year,
the Board of Regents of the University of Minnesota must provide to the chairs
and ranking minority members of the legislative committees with primary
jurisdiction over higher education policy and finance a summary report of
investments and accomplishments related to funds received from the state under
subdivision 2 from the prior biennium.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 20. Minnesota Statutes 2012, section 141.35, is amended to read:
141.35
EXEMPTIONS.
Sections 141.21 to 141.32 shall not apply to the following:
(1) public postsecondary institutions;
(2) postsecondary institutions registered under sections 136A.61 to 136A.71;
(3) schools of nursing accredited by the state Board of Nursing or an equivalent public board of another state or foreign country;
(4) private schools complying with the requirements of section 120A.22, subdivision 4;
(5) courses taught to students in a valid apprenticeship program taught by or required by a trade union;
(6) schools exclusively engaged in training physically or mentally disabled persons for the state of Minnesota;
(7) schools licensed by boards authorized under Minnesota law to issue licenses except schools required to obtain a private career school license due to the use of "academy," "institute," "college," or "university" in their names;
(8) schools and educational programs, or training programs, contracted for by persons, firms, corporations, government agencies, or associations, for the training of their own employees, for which no fee is charged the employee;
(9) schools engaged exclusively in the teaching of purely avocational, recreational, or remedial subjects as determined by the office except schools required to obtain a private career school license due to the use of "academy," "institute," "college," or "university" in their names unless the school used "academy" or "institute" in its name prior to August 1, 2008;
(10) classes, courses, or programs conducted by a bona fide trade, professional, or fraternal organization, solely for that organization's membership;
(11) programs in the fine arts provided by organizations exempt from taxation under section 290.05 and registered with the attorney general under chapter 309. For the purposes of this clause, "fine arts" means activities resulting in artistic creation or artistic performance of works of the imagination which are engaged in for the primary purpose of creative expression rather than commercial sale or employment. In making this determination the office may seek the advice and recommendation of the Minnesota Board of the Arts;
(12) classes, courses, or programs intended to fulfill the continuing education requirements for licensure or certification in a profession, that have been approved by a legislatively or judicially established board or agency responsible for regulating the practice of the profession, and that are offered exclusively to an individual practicing the profession;
(13) classes, courses, or programs intended to prepare students to sit for undergraduate, graduate, postgraduate, or occupational licensing and occupational entrance examinations;
(14) classes, courses, or programs providing 16 or fewer clock hours of instruction that are not part of the curriculum for an occupation or entry level employment except schools required to obtain a private career school license due to the use of "academy," "institute," "college," or "university" in their names;
(15) classes, courses, or programs providing instruction in personal development, modeling, or acting;
(16) training or instructional programs, in
which one instructor teaches an individual student, that are not part of the
curriculum for an occupation or are not intended to prepare a person for entry
level employment; and
(17) schools with no physical presence in
Minnesota, as determined by the office, engaged exclusively in offering
distance instruction that are located in and regulated by other states or
jurisdictions; and
(18) schools providing exclusively training, instructional programs, or courses where tuition, fees, and any other charges for a student to participate do not exceed $100.
Sec. 21. Minnesota Statutes 2012, section 197.775, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this section.
(b) "Commissioner" means the commissioner of veterans affairs.
(c) "State college or university" means a unit of the University of Minnesota or Minnesota State Colleges and Universities.
(d) "Veteran" includes the
definition provided in section 197.447, and also includes any person serving in
active service, as defined in section 190.05, subdivision 5.
Sec. 22. Minnesota Statutes 2012, section 197.775, subdivision 2, is amended to read:
Subd. 2. Recognition
of courses. (a) Minnesota State
Colleges and Universities must recognize courses and award educational credits
for courses that were part of a veteran's military training or service if the
courses meet the standards of the American Council on Education or equivalent
standards for awarding academic credits.
In recognizing courses and awarding educational credits,
consideration must be given to academic skills developed in all aspects of the
training or service course curriculum, and may not be limited solely to the
physical fitness or activity components of the course.
(b) The University of Minnesota
and private colleges and universities in Minnesota are encouraged to recognize
courses and award educational credits for courses that were part of a veteran's
military training or service if the courses meet the standards of the American
Council on Education or equivalent standards for awarding academic credits. In recognizing courses and awarding
educational credits, the University of Minnesota and private colleges and
universities in Minnesota are encouraged to consider academic skills developed
in all aspects of the training or service
course curriculum, and not limit consideration solely to the physical fitness
or activity components of the course.
Sec. 23. Minnesota Statutes 2012, section 197.775, is amended by adding a subdivision to read:
Subd. 2a. Recognition
of veteran status. (a) With
the policy in this subdivision, the state recognizes veterans' selfless
sacrifices in service to our nation, and their varied and specialized military
education and training, as well as the need for their timely and meaningful
reintegration into civilian society. The
state also recognizes the special value of veterans in furthering the goal of
creating a diverse student population in the state's postsecondary
institutions.
(b) Minnesota State Colleges and
Universities must adopt a policy recognizing, for applicants who are veterans,
the applicant's veteran status as a positive factor in determining whether to
grant admission to a graduate or professional academic degree program. The Board of Trustees must report to the
chairs and ranking minority members of the legislative committees and divisions
with jurisdiction over higher education policy and finance annually by February
15 on the number of veterans who apply for a graduate or professional academic
degree program and the number accepted.
(c) The University of Minnesota, and
private colleges and universities in Minnesota, are encouraged to adopt a
policy recognizing, for applicants who are veterans, the applicant's veteran
status as a positive factor in determining whether to grant admission to an
undergraduate, graduate, or professional academic degree program.
Sec. 24. Minnesota Statutes 2012, section 268.19, subdivision 1, is amended to read:
Subdivision 1. Use of data. (a) Except as provided by this section, data gathered from any person under the administration of the Minnesota Unemployment Insurance Law are private data on individuals or nonpublic data not on individuals as defined in section 13.02, subdivisions 9 and 12, and may not be disclosed except according to a district court order or section 13.05. A subpoena is not considered a district court order. These data may be disseminated to and used by the following agencies without the consent of the subject of the data:
(1) state and federal agencies specifically authorized access to the data by state or federal law;
(2) any agency of any other state or any federal agency charged with the administration of an unemployment insurance program;
(3) any agency responsible for the maintenance of a system of public employment offices for the purpose of assisting individuals in obtaining employment;
(4) the
public authority responsible for child support in Minnesota or any other state
in accordance with section 256.978;
(5) human rights agencies within Minnesota that have enforcement powers;
(6) the Department of Revenue to the extent necessary for its duties under Minnesota laws;
(7) public and private agencies responsible for administering publicly financed assistance programs for the purpose of monitoring the eligibility of the program's recipients;
(8) the Department of Labor and Industry and the Division of Insurance Fraud Prevention in the Department of Commerce for uses consistent with the administration of their duties under Minnesota law;
(9) local and state welfare agencies for monitoring the eligibility of the data subject for assistance programs, or for any employment or training program administered by those agencies, whether alone, in combination with another welfare agency, or in conjunction with the department or to monitor and evaluate the statewide Minnesota family investment program by providing data on recipients and former recipients of food stamps or 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;
(10) local and state welfare agencies for the purpose of identifying employment, wages, and other information to assist in the collection of an overpayment debt in an assistance program;
(11) local, state, and federal law enforcement agencies for the purpose of ascertaining the last known address and employment location of an individual who is the subject of a criminal investigation;
(12) the United States Immigration and Customs Enforcement has access to data on specific individuals and specific employers provided the specific individual or specific employer is the subject of an investigation by that agency;
(13) the Department of Health for the purposes of epidemiologic investigations;
(14) the Department of Corrections for the
purpose of preconfinement and postconfinement employment tracking of committed
offenders for the purpose of case planning; and
(15) the state auditor to the extent
necessary to conduct audits of job opportunity building zones as required under
section 469.3201.; and
(16) the Office of Higher Education for
purposes of supporting program improvement, system evaluation, and research
initiatives including the Statewide Longitudinal Education Data System.
(b) Data on individuals and employers that are collected, maintained, or used by the department in an investigation under section 268.182 are confidential as to data on individuals and protected nonpublic data not on individuals as defined in section 13.02, subdivisions 3 and 13, and must not be disclosed except under statute or district court order or to a party named in a criminal proceeding, administrative or judicial, for preparation of a defense.
(c) Data gathered by the department in the administration of the Minnesota unemployment insurance program must not be made the subject or the basis for any suit in any civil proceedings, administrative or judicial, unless the action is initiated by the department.
Sec. 25. Minnesota Statutes 2012, section 299A.45, subdivision 4, is amended to read:
Subd. 4. Renewal. Each award must be given for one academic year and is renewable for a maximum of eight semesters or the equivalent. A student who withdraws from enrollment for active military service or for a major illness, while under the care of a medical professional, that substantially limits the student's ability to complete the term is entitled to an additional semester or the equivalent of grant eligibility. An award must not be given to a dependent child who is 23 years of age or older on the first day of the academic year.
Sec. 26. HIGHER
EDUCATION INSTITUTIONAL PARTICIPATION IN STATE STUDENT AID PROGRAMS; REPORT.
The Minnesota Office of Higher
Education must report by February 1, 2014, to the chairs and ranking minority
members of the legislative committees and divisions with the primary
jurisdiction over higher education finance on the available and appropriate
data that should be used as statutory criteria to determine whether a higher
education institution should be allowed to participate in state financial aid
programs. Among other data, the data
could include an institution's completion/graduation rates, student debt to
income ratios, and employment rates related to field of study. The office must consult regularly with the
higher education finance committees or divisions about the purpose and content
of the report.
Sec. 27. UNIVERSITY
OF MINNESOTA REPORTS.
Subdivision 1. Medical
school capacity. The Board of
Regents of the University of Minnesota must report, by November 1, 2013, to the
legislative committees and divisions with primary jurisdiction over higher
education finance and policy the following information with respect to its
medical schools:
(1)
the number of applicants seeking admission to the school for the academic term
commencing in the fall of 2013 and the number admitted;
(2) the number of applicants admitted
to the school for each of the fall academic terms commencing between 2000 and
2012;
(3) the number of school graduates
projected for each of the next ten years;
(4) the number of school graduates
projected to remain and practice in Minnesota after graduation for each of the
next ten years; and
(5) plans of the university to increase
the capacity of the school.
The report must include the most recent
and accepted analysis concerning the need for physicians in Minnesota in the
future, including time frames of the next five, ten, 15, and 20 years. The need must be stated in aggregate and in
specialty practice areas.
Subd. 2. STEM
programs. The Board of
Regents of the University of Minnesota must report, by November 1, 2013, to the
legislative committees and divisions with primary jurisdiction over higher
education finance and policy with respect to its undergraduate science,
technology, engineering, and mathematics programs on the Twin Cities campus the
following information:
(1) the number of applicants seeking
admission to those programs for the academic term commencing in the fall of
2013 and the number admitted;
(2) the percentage of students that
graduate from the programs who remain in Minnesota both historically and
projected into the future; and
(3) plans to expand the capacity of the
programs.
The report must include the most recent
and accepted analysis of the projected need of employers within the state for
graduates of science, technology, engineering, and mathematics programs in the
future, including times frames of five, ten, 15, and 20 years.
Subd. 3. University
administrative costs. (a) The
Board of Regents of the University of Minnesota must, within 45 days of its
receipt of the report or study, provide to the chairs and ranking minority
members of the legislative committees and divisions with jurisdiction over
higher education finance, a report currently expected to be received by the
university in July 2013, concerning what is commonly known as a spans and
layers analysis by Sibson Consulting and an
administrative services benchmarking and diagnostic study expected to be done
in May 2013, by Huron Consulting.
(b) The Board of Regents of the
University of Minnesota must provide to the chairs and ranking minority members
of the legislative committees with jurisdiction over higher education finance a
plan to lower its overall costs based on its work with Huron Consulting
concerning administrative services benchmarking and diagnostic study within 90
days of its receipt of the final report from Huron Consulting. The board must periodically update the committees and minority members on the
progress of the analysis and any preliminary findings or recommendations.
Sec. 28. MENTAL
HEALTH ISSUES SUMMIT.
The Board of Trustees of the Minnesota
State Colleges and Universities, in cooperation with the commissioner of human
services, shall convene a summit of representatives of the Minnesota State
Colleges and Universities, the University of Minnesota, private colleges,
mental health professionals, special education representatives, children and
adult mental health advocates and providers, and community mental health
centers. The summit shall develop a
comprehensive workforce development plan to:
(1) increase the number of mental health
professionals and practitioners;
(2) ensure appropriate course work and
training experience; and
(3) increase the number of culturally
diverse mental health professionals and practitioners.
The plan required by this section shall be submitted to the
chairs and ranking minority members of the legislative committees responsible for health and human services policy and higher
education policy no later than January 15, 2015.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 29. REVISOR'S
INSTRUCTION.
The revisor of statutes shall change the
term "director" as it relates to the director of the Minnesota Office
of Higher Education to "commissioner" wherever in Minnesota Statutes
or Minnesota Rules the term appears.
Sec. 30. REPEALER.
Minnesota Statutes 2012, sections
136A.031, subdivision 2; and 136A.121, subdivision 9b, are repealed.
ARTICLE 3
STATE GRANT
Section 1. Minnesota Statutes 2012, section 136A.101, subdivision 5a, is amended to read:
Subd. 5a. Assigned
family responsibility. "Assigned
family responsibility" means the amount of a family's contribution to a student's
cost of attendance, as determined by a federal need analysis. For dependent students, the assigned family
responsibility is 96 percent of the parental contribution. For independent students with dependents
other than a spouse, the assigned family responsibility is 86 percent of the
student contribution. For independent
students without dependents other than a spouse, the assigned family
responsibility is 68 50 percent of the student contribution.
Sec. 2. Minnesota Statutes 2012, section 136A.121, subdivision 5, is amended to read:
Subd. 5. Grant stipends. The grant stipend shall be based on a sharing of responsibility for covering the recognized cost of attendance by the applicant, the applicant's family, and the government. The amount of a financial stipend must not exceed a grant applicant's recognized cost of attendance, as defined in subdivision 6, after deducting the following:
(1) the assigned student responsibility of
at least 46 50 percent of the cost of attending the institution
of the applicant's choosing;
(2) the assigned family responsibility as defined in section 136A.101; and
(3) the amount of a federal Pell grant award for which the grant applicant is eligible.
The minimum financial stipend is $100 per academic year.
Sec. 3. STATE
GRANT TUITION CAPS; LIVING AND MISCELLANEOUS EXPENSE ALLOWANCE.
(a) For the purposes of the state grant
program under Minnesota Statutes, section 136A.121, for the biennium ending
June 30, 2015, the tuition maximum is $13,000 each fiscal year of the biennium
for students in four-year programs, and $5,808 in each fiscal year of the
biennium for students in two-year programs.
(b) The living and miscellaneous expense
allowance for the state grant program under Minnesota Statutes, section 136A.121,
for the biennium ending June 30, 2015, is set at $7,900 for each fiscal year of
the biennium.
Sec. 4. STATE
GRANT AWARD CALCULATION; MNSCU PART-TIME STUDENTS.
(a) State grant awards under Minnesota
Statutes, section 136A.121, for the biennium ending June 30, 2015, made from
appropriations for that biennium for part-time students attending a Minnesota
state college and university system institution shall be modified as provided
by this section. All other provisions of
law and rule applying to state grant awards not inconsistent with this section
shall apply to awards to those part-time students.
(b) For a student registering for less
than full-time, the assigned family responsibility is the amount determined for
a full-time student under Minnesota Statutes, section 136A.101, subdivision 5a,
prorated by the percent of full-time for which a student is enrolled.
ARTICLE 4
PROSPERITY ACT
Section 1.
[135A.043] RESIDENT TUITION.
(a) A student, other than a nonimmigrant
alien within the meaning of United States Code, title 8, section 1101,
subsection (a), paragraph (15), shall qualify for a resident tuition rate or
its equivalent at state universities and colleges if the student meets all of
the following requirements:
(1) high school attendance within the
state for three or more years;
(2)
graduation from a state high school or attainment within the state of the
equivalent of high school graduation; and
(3) in the case of a student without
lawful immigration status: (i)
documentation that the student has complied with selective service registration
requirements; and (ii) if a federal process exists for the student to obtain
lawful immigration status the student must present the higher education
institution with documentation from federal immigration authorities that the
student has filed an application to obtain lawful immigration status.
(b) This section is in addition
to any other statute, rule, or higher education institution regulation or
policy providing eligibility for a resident tuition rate or its equivalent to a
student.
(c)
The Board of Regents of the University of Minnesota is requested to adopt a
policy implementing this section.
EFFECTIVE
DATE. This section is
effective July 1, 2013, and applies to tuition for school terms commencing on
or after July 1, 2013.
Sec. 2. [135A.044]
PRIVATE SCHOLARSHIP AID.
A public postsecondary institution may
use private sources of funding to provide aid to a student eligible for
resident tuition under section 135A.043.
This section is in addition to any other authority of an institution to
provide financial aid.
EFFECTIVE
DATE. This section is
effective July 1, 2013, and applies to financial aid for school terms
commencing on or after July 1, 2013.
Sec. 3. Minnesota Statutes 2012, section 136A.101, subdivision 8, is amended to read:
Subd. 8. Resident student. "Resident student" means a student who meets one of the following conditions:
(1) a student who has resided in Minnesota for purposes other than postsecondary education for at least 12 months without being enrolled at a postsecondary educational institution for more than five credits in any term;
(2) a dependent student whose parent or legal guardian resides in Minnesota at the time the student applies;
(3) a student who graduated from a Minnesota high school, if the student was a resident of Minnesota during the student's period of attendance at the Minnesota high school and the student is physically attending a Minnesota postsecondary educational institution;
(4) a student who, after residing in the state for a minimum of one year, earned a high school equivalency certificate in Minnesota;
(5) a member, spouse, or dependent of a member of the armed forces of the United States stationed in Minnesota on active federal military service as defined in section 190.05, subdivision 5c;
(6) a spouse or dependent of a veteran, as defined in section 197.447, if the veteran is a Minnesota resident;
(7) a person or spouse of a person who
relocated to Minnesota from an area that is declared a presidential disaster
area within the preceding 12 months if the disaster interrupted the person's
postsecondary education; or
(8) a person defined as a refugee under
United States Code, title 8, section 1101(a)(42), who, upon arrival in the
United States, moved to Minnesota and has continued to reside in Minnesota;
or
(9) a student eligible for resident tuition under section 135A.043.
EFFECTIVE
DATE. This section is
effective July 1, 2013, and applies to school terms commencing on or after July
1, 2013.
Sec. 4. REPEALER.
Minnesota Rules, part 4830.0100,
subpart 5, item F, is repealed.
EFFECTIVE DATE. This section is effective July 1, 2013."
Delete the title and insert:
"A bill for an act relating to education; postsecondary; establishing a budget for higher education; appropriating money to the Office of Higher Education, the Board of Trustees of the Minnesota State Colleges and Universities, the Board of Regents of the University of Minnesota, and the Mayo Clinic; appropriating money for tuition relief; providing for the treatment of undocumented immigrants with respect to financial aid and tuition; regulating bonus payments; establishing the Minnesota Discovery, Research, and InnoVation Economy funding program; modifying provisions related to grants, awards, and aid, school registration, and licensure; requiring certain information to be provided in higher education budget proposals; making changes to the state grant program; establishing procedure for cancellation of required surety bond; repealing Higher Education Advisory Council; requiring a higher education mental health summit; creating a tribal college supplemental grant assistance program; recognizing veteran's experience and training for various higher education purposes; providing statewide electronic infrastructure; requiring reports; amending Minnesota Statutes 2012, sections 13.47, subdivision 3; 127A.70, subdivision 2; 135A.031, subdivision 7; 135A.61; 136A.101, subdivisions 3, 5a, 8, 9; 136A.121, subdivision 5, by adding a subdivision; 136A.125, subdivisions 2, 4; 136A.233, subdivision 2; 136A.62, by adding a subdivision; 136A.646; 136A.65, subdivision 8; 136A.653, by adding a subdivision; 136F.40, subdivision 2; 137.027; 141.35; 197.775, subdivisions 1, 2, by adding a subdivision; 268.19, subdivision 1; 299A.45, subdivision 4; proposing coding for new law in Minnesota Statutes, chapters 135A; 136A; 136F; 137; repealing Minnesota Statutes 2012, sections 136A.031, subdivision 2; 136A.121, subdivision 9b; Minnesota Rules, part 4830.0100, subpart 5, item F."
We request the adoption of this report and repassage of the bill.
Senate
Conferees: Terri E. Bonoff, Greg D. Clausen, Jeremy R. Miller, Sandra L. Pappas
and Kent Eken.
House
Conferees: Gene Pelowski, Jr., Ryan Winkler, Paul Rosenthal, Zachary Dorholt
and Bud Nornes.
Pelowski moved that the report of the
Conference Committee on S. F. No. 1236 be adopted and that the
bill be repassed as amended by the Conference Committee. The motion prevailed.
S. F. No. 1236, A bill for an act relating to higher education; providing funding for the University of Minnesota, Minnesota State Colleges and Universities, the Minnesota Office of Higher Education, and for other higher education purposes; regulating the state grant program; limiting certain tuition increases; regulating bonus payments; eliminating state regulation of certain online instruction; providing for local bank deposit of certain MnSCU reserves; requiring the development of strategies to assist in the completion of post-secondary programs; requiring an assessment of the feasibility of a state program to refinance student debt; creating a pilot program for intensive mentoring, counseling, and job placement activities for certain students; requiring an evaluation of which performance standards should be used to evaluate institutional eligibility for state student financial aid programs; requiring the University of Minnesota to develop a plan to reduce administrative costs; requiring a higher education mental health summit; creating a tribal college supplemental grant assistance program; recognizing veteran's experience and training for various higher education purposes; providing a pilot program for state grant aid to part-time students at MnSCU institutions; appropriating money; amending Minnesota Statutes 2012, sections 13.47,
subdivision 3; 127A.70,
subdivision 2; 135A.61; 136A.031, subdivision 2; 136A.101, subdivisions 3, 5a,
9; 136A.121, subdivision 5, by adding a subdivision; 136A.125, subdivisions 2,
4; 136A.233, subdivision 2; 136A.62, by adding a subdivision; 136A.646;
136A.65, subdivisions 4, 8; 136A.653, by adding a subdivision; 136F.40,
subdivision 2; 137.027; 141.25, subdivision 7; 141.35; 197.775, subdivisions 1,
2, by adding a subdivision; 268.19, subdivision 1; 299A.45, subdivision 4;
proposing coding for new law in Minnesota Statutes, chapters 135A; 136A; 136F;
137; repealing Minnesota Statutes 2012, section 136A.121, subdivision 9b.
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 76 yeas and 56 nays as follows:
Those who voted in the affirmative were:
Abeler
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hamilton
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Nornes
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
Those who voted in the negative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Hackbarth
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Kresha
Leidiger
Lohmer
Loon
Mack
McDonald
McNamara
Myhra
Newberger
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zellers
Zerwas
The bill was repassed, as amended by
Conference, and its title agreed to.
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:
H. F. No. 1510, A bill for an act relating to Hennepin County; updating and making technical corrections to county contract provisions; amending Minnesota Statutes 2012, sections 383B.158, subdivisions 1, 2, 5; 383B.1581, subdivisions 2, 3; 383B.1582; 383B.1584; repealing Minnesota Statutes 2012, section 383B.1585.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:
H. F. No. 215, A bill for an act relating to health; permitting licensed health care professionals to order use of physical agent modalities, electrical stimulation, and ultrasound devices; amending Minnesota Statutes 2012, section 148.6440, subdivision 1.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:
H. F. No. 829, A bill for an act relating to housing; landlord and tenant; imposing civil penalty for certain violations; amending certain provisions relating to tenants holding over; modifying certain time for appeal and notice of hearing; making technical, clarifying, and conforming changes; amending Minnesota Statutes 2012, sections 504B.151, subdivision 1; 504B.285, subdivisions 1a, 1b; 504B.371, subdivision 2; 504B.385, subdivision 5; repealing Minnesota Statutes 2012, section 504B.285, subdivision 1c.
JoAnne M. Zoff, Secretary of the Senate
REPORT FROM THE COMMITTEE ON
RULES
AND LEGISLATIVE ADMINISTRATION
Murphy, E., from the Committee on Rules
and Legislative Administration, pursuant to rules 1.21 and 3.33, designated the
following bills to be placed on the Calendar for the Day for Sunday, May 19,
2013 and established a prefiling requirement for amendments offered to the
following bills:
S. F. Nos. 1276, 796 and
460.
Murphy, E., moved that the House recess
subject to the call of the Chair. The
motion prevailed.
RECESS
RECONVENED
The House reconvened and was called to
order by Speaker pro tempore Hortman.
Kelly was excused between the hours of 8:50
p.m. and 10:30 p.m.
The following Conference Committee Report
was received:
CONFERENCE COMMITTEE REPORT ON H. F. NO. 1233
A bill for an act relating to state government; establishing the health and human services budget; modifying provisions related to health care, continuing care, human services licensing, chemical and mental health, managed care organizations, waiver provider standards, home care, and the Department of Health; redesigning home and
community-based services; establishing payment methodologies for home and community-based services; adjusting nursing and ICF/DD facility rates; setting and modifying fees; modifying autism coverage; modifying assistance programs; requiring licensing of certain abortion facilities; requiring drug testing; making technical changes; requiring studies; requiring reports; appropriating money; amending Minnesota Statutes 2012, sections 16A.724, subdivisions 2, 3; 16C.10, subdivision 5; 16C.155, subdivision 1; 62A.65, subdivision 2, by adding a subdivision; 62J.692, subdivision 4; 62Q.19, subdivision 1; 103I.005, by adding a subdivision; 103I.521; 119B.13, subdivision 7; 144.051, by adding subdivisions; 144.0724, subdivisions 4, 6; 144.123, subdivision 1; 144.125, subdivision 1; 144.966, subdivisions 2, 3a; 144.98, subdivisions 3, 5, by adding subdivisions; 144.99, subdivision 4; 144A.351; 144A.43; 144A.44; 144A.45; 144A.53, subdivision 2; 144D.01, subdivision 4; 145.986; 145C.01, subdivision 7; 148E.065, subdivision 4a; 149A.02, subdivisions 1a, 2, 3, 4, 5, 16, 23, 27, 34, 35, 37, by adding subdivisions; 149A.03; 149A.65, by adding subdivisions; 149A.70, subdivisions 1, 2, 3, 5; 149A.71, subdivisions 2, 4; 149A.72, subdivisions 3, 9, by adding a subdivision; 149A.73, subdivisions 1, 2, 4; 149A.74; 149A.91, subdivision 9; 149A.93, subdivisions 3, 6; 149A.94; 149A.96, subdivision 9; 174.30, subdivision 1; 214.40, subdivision 1; 243.166, subdivisions 4b, 7; 245.4661, subdivisions 5, 6; 245.4682, subdivision 2; 245A.02, subdivisions 1, 9, 10, 14; 245A.03, subdivisions 7, 8, 9; 245A.04, subdivision 13; 245A.042, subdivision 3; 245A.07, subdivisions 2a, 3; 245A.08, subdivision 2a; 245A.10; 245A.11, subdivisions 2a, 7, 7a, 7b, 8; 245A.1435; 245A.144; 245A.1444; 245A.16, subdivision 1; 245A.40, subdivision 5; 245A.50; 245C.04, by adding a subdivision; 245C.08, subdivision 1; 245D.02; 245D.03; 245D.04; 245D.05; 245D.06; 245D.07; 245D.09; 245D.10; 246.18, subdivision 8, by adding a subdivision; 246.54; 254B.04, subdivision 1; 254B.13; 256.01, subdivisions 2, 24, 34, by adding subdivisions; 256.9657, subdivisions 1, 2, 3a; 256.9685, subdivision 2; 256.969, subdivisions 3a, 29; 256.975, subdivision 7, by adding subdivisions; 256.9754, subdivision 5, by adding subdivisions; 256B.02, by adding subdivisions; 256B.021, by adding subdivisions; 256B.04, subdivisions 18, 21, by adding a subdivision; 256B.055, subdivisions 3a, 6, 10, 14, 15, by adding a subdivision; 256B.056, subdivisions 1, 1c, 3, 4, as amended, 5c, 10, by adding a subdivision; 256B.057, subdivisions 1, 8, 10, by adding a subdivision; 256B.06, subdivision 4; 256B.0623, subdivision 2; 256B.0625, subdivisions 9, 13e, 19c, 31, 39, 48, 58, by adding subdivisions; 256B.0631, subdivision 1; 256B.064, subdivisions 1a, 1b, 2; 256B.0659, subdivision 21; 256B.0755, subdivision 3; 256B.0756; 256B.0911, subdivisions 1, 1a, 3a, 4d, 6, 7, by adding a subdivision; 256B.0913, subdivision 4, by adding a subdivision; 256B.0915, subdivisions 3a, 5, by adding a subdivision; 256B.0916, by adding a subdivision; 256B.0917, subdivisions 6, 13, by adding subdivisions; 256B.092, subdivisions 11, 12, by adding subdivisions; 256B.0946; 256B.095; 256B.0951, subdivisions 1, 4; 256B.0952, subdivisions 1, 5; 256B.097, subdivisions 1, 3; 256B.431, subdivision 44; 256B.434, subdivision 4, by adding a subdivision; 256B.437, subdivision 6; 256B.439, subdivisions 1, 2, 3, 4, by adding a subdivision; 256B.441, subdivisions 13, 53; 256B.49, subdivisions 11a, 12, 14, 15, by adding subdivisions; 256B.4912, subdivisions 1, 2, 3, 7, by adding subdivisions; 256B.4913, subdivisions 5, 6, by adding a subdivision; 256B.492; 256B.493, subdivision 2; 256B.5011, subdivision 2; 256B.5012, by adding subdivisions; 256B.69, subdivisions 5c, 31, by adding a subdivision; 256B.694; 256B.76, subdivisions 2, 4, by adding a subdivision; 256B.761; 256B.764; 256B.766; 256D.024, by adding a subdivision; 256I.04, subdivision 3; 256I.05, subdivision 1e, by adding a subdivision; 256J.15, by adding a subdivision; 256J.26, subdivision 3, by adding a subdivision; 256J.35; 256K.45; 256L.01, subdivisions 3a, 5, by adding subdivisions; 256L.02, subdivision 2, by adding subdivisions; 256L.03, subdivisions 1, 1a, 3, 5, 6, by adding a subdivision; 256L.04, subdivisions 1, 7, 8, 10, by adding subdivisions; 256L.05, subdivisions 1, 2, 3; 256L.06, subdivision 3; 256L.07, subdivisions 1, 2, 3; 256L.09, subdivision 2; 256L.11, subdivision 6; 256L.15, subdivisions 1, 2; 257.0755, subdivision 1; 260B.007, subdivisions 6, 16; 260C.007, subdivisions 6, 31; 270B.14, subdivision 1; 471.59, subdivision 1; 626.556, subdivisions 2, 3, 10d; 626.557, subdivisions 4, 9, 9a, 9e; 626.5572, subdivision 13; Laws 1998, chapter 407, article 6, section 116; Laws 2011, First Special Session chapter 9, article 1, section 3; article 2, section 27; article 10, section 3, subdivision 3, as amended; proposing coding for new law in Minnesota Statutes, chapters 3; 62A; 62D; 144; 144A; 145; 149A; 214; 245; 245A; 245D; 254B; 256; 256B; 256L; repealing Minnesota Statutes 2012, sections 103I.005, subdivision 20; 144.123, subdivision 2; 144A.46; 144A.461; 149A.025; 149A.20, subdivision 8; 149A.30, subdivision 2; 149A.40, subdivision 8; 149A.45, subdivision 6; 149A.50, subdivision 6; 149A.51, subdivision 7; 149A.52, subdivision 5a; 149A.53, subdivision 9; 245A.655; 245B.01; 245B.02; 245B.03; 245B.031; 245B.04; 245B.05, subdivisions 1, 2, 3, 5, 6, 7; 245B.055; 245B.06; 245B.07; 245B.08; 245D.08; 256B.055, subdivisions 3, 5, 10b; 256B.056, subdivision 5b; 256B.057, subdivisions 1c, 2; 256B.0911, subdivisions 4a, 4b, 4c; 256B.0917, subdivisions 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 14; 256B.096, subdivisions 1, 2, 3, 4; 256B.14, subdivision 3a; 256B.49, subdivision 16a; 256B.4913, subdivisions 1, 2, 3, 4; 256B.5012, subdivision 13; 256J.24, subdivision 6; 256K.45, subdivision 2; 256L.01, subdivision 4a; 256L.031; 256L.04, subdivisions 1b, 9, 10a; 256L.05, subdivision 3b; 256L.07, subdivisions 5, 8, 9;
256L.11, subdivision 5; 256L.12; 256L.17, subdivisions 1, 2, 3, 4, 5; 485.14; 609.093; Laws 2011, First Special Session chapter 9, article 7, section 54, as amended; Minnesota Rules, parts 4668.0002; 4668.0003; 4668.0005; 4668.0008; 4668.0012; 4668.0016; 4668.0017; 4668.0019; 4668.0030; 4668.0035; 4668.0040; 4668.0050; 4668.0060; 4668.0065; 4668.0070; 4668.0075; 4668.0080; 4668.0100; 4668.0110; 4668.0120; 4668.0130; 4668.0140; 4668.0150; 4668.0160; 4668.0170; 4668.0180; 4668.0190; 4668.0200; 4668.0218; 4668.0220; 4668.0230; 4668.0240; 4668.0800; 4668.0805; 4668.0810; 4668.0815; 4668.0820; 4668.0825; 4668.0830; 4668.0835; 4668.0840; 4668.0845; 4668.0855; 4668.0860; 4668.0865; 4668.0870; 4669.0001; 4669.0010; 4669.0020; 4669.0030; 4669.0040; 4669.0050.
May 17, 2013
The Honorable Paul Thissen
Speaker of the House of Representatives
The Honorable Sandra L. Pappas
President of the Senate
We, the undersigned conferees for H. F. No. 1233 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. 1233 be further amended as follows:
Delete everything after the enacting clause and insert:
"ARTICLE 1
AFFORDABLE CARE ACT IMPLEMENTATION;
BETTER HEALTH CARE FOR MORE MINNESOTANS
Section 1. Minnesota Statutes 2012, section 16A.724, subdivision 3, is amended to read:
Subd. 3.
MinnesotaCare federal receipts. Receipts received as a result of
federal participation pertaining to administrative costs of the Minnesota
health care reform waiver shall be deposited as nondedicated revenue in the
health care access fund. Receipts
received as a result of federal participation pertaining to grants shall be
deposited in the federal fund and shall offset health care access funds for
payments to providers. All
federal funding received by Minnesota for implementation and administration of
MinnesotaCare as a basic health program, as authorized in section 1331 of the
Affordable Care Act, Public Law 111-148, as amended by Public Law 111-152, is
dedicated to that program and shall be deposited into the health care access
fund. Federal funding that is received
for implementing and administering MinnesotaCare as a basic health program and
deposited in the fund shall be used only for that program to purchase health
care coverage for enrollees and reduce enrollee premiums and cost-sharing or
provide additional enrollee benefits.
EFFECTIVE
DATE. This section is
effective January 1, 2015.
Sec. 2. Minnesota Statutes 2012, section 254B.04, subdivision 1, is amended to read:
Subdivision 1. Eligibility. (a) Persons eligible for benefits under
Code of Federal Regulations, title 25, part 20, persons eligible for medical
assistance benefits under sections 256B.055, 256B.056, and 256B.057,
subdivisions 1, 2, 5, and 6, or who meet the income standards of section
256B.056, subdivision 4, and persons eligible for general assistance medical
care under section 256D.03, subdivision 3, are entitled to chemical dependency
fund services. State money appropriated
for this paragraph must be placed in a separate account established for this
purpose.
Persons with dependent children who are determined to be in need of chemical dependency treatment pursuant to an assessment under section 626.556, subdivision 10, or a case plan under section 260C.201, subdivision 6, or 260C.212, shall be assisted by the local agency to access needed treatment services. Treatment services must be
appropriate for the individual or family, which may include long-term care treatment or treatment in a facility that allows the dependent children to stay in the treatment facility. The county shall pay for out-of-home placement costs, if applicable.
(b) A person not entitled to services under paragraph (a), but with family income that is less than 215 percent of the federal poverty guidelines for the applicable family size, shall be eligible to receive chemical dependency fund services within the limit of funds appropriated for this group for the fiscal year. If notified by the state agency of limited funds, a county must give preferential treatment to persons with dependent children who are in need of chemical dependency treatment pursuant to an assessment under section 626.556, subdivision 10, or a case plan under section 260C.201, subdivision 6, or 260C.212. A county may spend money from its own sources to serve persons under this paragraph. State money appropriated for this paragraph must be placed in a separate account established for this purpose.
(c) Persons whose income is between 215 percent and 412 percent of the federal poverty guidelines for the applicable family size shall be eligible for chemical dependency services on a sliding fee basis, within the limit of funds appropriated for this group for the fiscal year. Persons eligible under this paragraph must contribute to the cost of services according to the sliding fee scale established under subdivision 3. A county may spend money from its own sources to provide services to persons under this paragraph. State money appropriated for this paragraph must be placed in a separate account established for this purpose.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 3. Minnesota Statutes 2012, section 256.01, is amended by adding a subdivision to read:
Subd. 35. Federal
approval. (a) The
commissioner shall seek federal authority from the U.S. Department of Health
and Human Services necessary to operate a health coverage program for
Minnesotans with incomes up to 275 percent of the federal poverty guidelines
(FPG). The proposal shall seek to secure
all federal funding available from at least the following services:
(1) all premium tax credits and cost
sharing subsidies available under United States Code, title 26, section 36B,
and United States Code, title 42, section 18071, for individuals with incomes
above 133 percent and at or below 275 percent of the federal poverty guidelines
who would otherwise be enrolled in the Minnesota Insurance Marketplace as
defined in section 62V.02;
(2) Medicaid funding; and
(3) other funding sources identified by
the commissioner that support coverage or care redesign in Minnesota.
(b) Funding received shall be used to
design and implement a health coverage program that creates a single
streamlined program and meets the needs of Minnesotans with incomes up to 275
percent of the federal poverty guidelines.
The program must incorporate:
(1) payment reform characteristics
included in the health care delivery system and accountable care organization
payment models;
(2) flexibility in benefit set design
such that benefits can be targeted to meet enrollee needs in different income
and health status situations and can provide a more seamless transition from
public to private health care coverage;
(3)
flexibility in co-payment or premium structures to incent patients to seek
high-quality, low-cost care settings; and
(4) flexibility in premium structures
to ease the transition from public to private health care coverage.
(c) The commissioner shall
develop and submit a proposal consistent with the above criteria and shall seek
all federal authority necessary to implement the health coverage program. In developing the request, the commissioner
shall consult with appropriate stakeholder groups and consumers.
(d) The commissioner is authorized to
seek any available waivers or federal approvals to accomplish the goals under
paragraph (b) prior to 2017.
(e) The commissioner shall report to
the chairs and ranking minority members of the legislative committees with
jurisdiction over health and human services policy and financing by January 15,
2015, on the progress of receiving a federal waiver and shall make
recommendations on any legislative changes necessary to accomplish the project
in this subdivision. Any implementation
of the waiver that requires a state financial contribution to operate a health
coverage program for Minnesotans with incomes between 200 and 275 percent of
the federal poverty guidelines, shall be contingent on legislative action
approving the contribution.
(f) The commissioner is authorized to
accept and expend federal funds that support the purposes of this subdivision.
Sec. 4. Minnesota Statutes 2012, section 256.015, subdivision 1, is amended to read:
Subdivision 1. State
agency has lien. When the state
agency provides, pays for, or becomes liable for medical care or furnishes
subsistence or other payments to a person, the agency shall have a lien for the
cost of the care and payments on any and all causes of action or recovery
rights under any policy, plan, or contract providing benefits for health care
or injury which accrue to the person to whom the care or payments were
furnished, or to the person's legal representatives, as a result of the
occurrence that necessitated the medical care, subsistence, or other payments. For purposes of this section, "state
agency" includes prepaid health plans under contract with the commissioner
according to sections 256B.69, 256D.03, subdivision 4, paragraph (c), and
256L.12, 256L.01, subdivision 7, and 256L.03, subdivision 6; children's
mental health collaboratives under section 245.493; demonstration projects for
persons with disabilities under section 256B.77; nursing homes under the
alternative payment demonstration project under section 256B.434; and
county-based purchasing entities under section 256B.692.
Sec. 5. Minnesota Statutes 2012, section 256B.02, subdivision 17, as added by Laws 2013, chapter 1, section 1, is amended to read:
Subd. 17. Affordable
Care Act or ACA. "Affordable
Care Act" or "ACA" means Public Law 111-148, as amended by
the federal Health Care and Education Reconciliation Act of 2010 (Public Law
111-152), and any amendments to, or regulations or guidance issued under, those
acts means the federal Patient Protection and Affordable Care Act,
Public Law 111-148, as amended, including the federal Health Care and Education
Reconciliation Act of 2010, Public Law 111-152, and any amendments to, and any
federal guidance or regulations issued under, these acts.
EFFECTIVE
DATE. This section is
effective July 1, 2013.
Sec. 6. Minnesota Statutes 2012, section 256B.02, is amended by adding a subdivision to read:
Subd. 18. Caretaker
relative. "Caretaker
relative" means a relative, by blood, adoption, or marriage, of a child
under age 19 with whom the child is living and who assumes primary
responsibility for the child's care.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 7. Minnesota Statutes 2012, section 256B.02, is amended by adding a subdivision to read:
Subd. 19. Insurance affordability program. "Insurance affordability
program" means one of the following programs:
(1) medical assistance under this
chapter;
(2) a program that provides advance
payments of the premium tax credits established under section 36B of the
Internal Revenue Code or cost-sharing reductions established under section 1402
of the Affordable Care Act;
(3) MinnesotaCare as defined in chapter
256L; and
(4) a Basic Health Plan as defined in
section 1331 of the Affordable Care Act.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 8. Minnesota Statutes 2012, section 256B.04, subdivision 18, is amended to read:
Subd. 18. Applications
for medical assistance. (a) The
state agency may take shall accept applications for medical
assistance and conduct eligibility determinations for MinnesotaCare
enrollees by telephone, via mail, in-person, online via an Internet Web
site, and through other commonly available electronic means.
(b) The commissioner of human services shall modify the Minnesota health care programs application form to add a question asking applicants whether they have ever served in the United States military.
(c) For each individual who submits an
application or whose eligibility is subject to renewal or whose eligibility is
being redetermined pursuant to a change in circumstances, if the agency
determines the individual is not eligible for medical assistance, the agency
shall determine potential eligibility for other insurance affordability
programs.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 9. Minnesota Statutes 2012, section 256B.055, subdivision 3a, is amended to read:
Subd. 3a. Families
with children. Beginning July 1,
2002, Medical assistance may be paid for a person who is a child under the
age of 18, or age 18 if a full-time student in a secondary school, or in the
equivalent level of vocational or technical training, and reasonably expected
to complete the program before reaching age 19; the parent or stepparent
of a dependent child under the age of 19, including a pregnant
woman; or a caretaker relative of a dependent child under the age of
19.
EFFECTIVE
DATE. This section is
effective January 1, 2014, or upon federal approval, whichever is later. The commissioner of human services shall notify
the revisor of statutes when federal approval is obtained.
Sec. 10. Minnesota Statutes 2012, section 256B.055, subdivision 6, is amended to read:
Subd. 6. Pregnant
women; needy unborn child. Medical
assistance may be paid for a pregnant woman who has written verification of
a positive pregnancy test from a physician or licensed registered nurse, who
meets the other eligibility criteria of this
section and whose unborn child would be eligible as a needy child under
subdivision 10 if born and living with the woman. In accordance with Code of Federal
Regulations, title 42, section 435.956, the commissioner must accept
self-attestation of pregnancy unless the agency has information that is not
reasonably compatible with such attestation. For purposes of this subdivision, a woman is
considered pregnant for 60 days postpartum.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 11. Minnesota Statutes 2012, section 256B.055, subdivision 10, is amended to read:
Subd. 10. Infants. Medical assistance may be paid for an infant less than one year of age, whose mother was eligible for and receiving medical assistance at the time of birth or who is less than two years of age and is in a family with countable income that is equal to or less than the income standard established under section 256B.057, subdivision 1.
EFFECTIVE
DATE. This section is
effective January 1, 2014, or upon federal approval, whichever is later. The commissioner of human services shall
notify the revisor of statutes when federal approval is obtained.
Sec. 12. Minnesota Statutes 2012, section 256B.055, subdivision 15, is amended to read:
Subd. 15. Adults without children. Medical assistance may be paid for a person who is:
(1) at least age 21 and under age 65;
(2) not pregnant;
(3) not entitled to Medicare Part A or enrolled in Medicare Part B under Title XVIII of the Social Security Act;
(4) not an adult in a family with
children as defined in section 256L.01, subdivision 3a; and not
otherwise eligible under subdivision 7 as a person who meets the categorical
eligibility requirements of the supplemental security income program;
(5) not enrolled under subdivision 7 as
a person who would meet the categorical eligibility requirements of the
supplemental security income program except for excess income or assets; and
(5) (6) not described in
another subdivision of this section.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 13. Minnesota Statutes 2012, section 256B.055, is amended by adding a subdivision to read:
Subd. 17. Adults
who were in foster care at the age of 18.
Medical assistance may be paid for a person under 26 years of age
who was in foster care under the commissioner's responsibility on the date of
attaining 18 years of age, and who was enrolled in medical assistance under the
state plan or a waiver of the plan while in foster care, in accordance with
section 2004 of the Affordable Care Act.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 14. Minnesota Statutes 2012, section 256B.056, subdivision 1, is amended to read:
Subdivision 1. Residency. To be eligible for medical assistance, a
person must reside in Minnesota, or, if absent from the state, be deemed to be
a resident of Minnesota, in accordance with the rules of the state
agency Code of Federal Regulations, title 42, section 435.403.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 15. Minnesota Statutes 2012, section 256B.056, subdivision 1c, is amended to read:
Subd. 1c. Families
with children income methodology. (a)
(1) [Expired, 1Sp2003 c 14 art 12 s 17]
(2) For applications processed
within one calendar month prior to July 1, 2003, eligibility shall be
determined by applying the income standards and methodologies in effect prior
to July 1, 2003, for any months in the six-month budget period before July 1,
2003, and the income standards and methodologies in effect on July 1, 2003, for
any months in the six-month budget period on or after that date. The income standards for each month shall be
added together and compared to the applicant's total countable income for the
six-month budget period to determine eligibility.
(3) For children ages one through 18
whose eligibility is determined under section 256B.057, subdivision 2, the
following deductions shall be applied to income counted toward the child's
eligibility as allowed under the state's AFDC plan in effect as of July 16,
1996: $90 work expense, dependent care,
and child support paid under court order.
This clause is effective October 1, 2003.
(b) For families with children whose
eligibility is determined using the standard specified in section 256B.056,
subdivision 4, paragraph (c), 17 percent of countable earned income shall be
disregarded for up to four months and the following deductions shall be applied
to each individual's income counted toward eligibility as allowed under the
state's AFDC plan in effect as of July 16, 1996: dependent care and child support paid under
court order.
(c) If the four-month disregard in
paragraph (b) has been applied to the wage earner's income for four months, the
disregard shall not be applied again until the wage earner's income has not
been considered in determining medical assistance eligibility for 12
consecutive months.
(d) (b) The commissioner
shall adjust the income standards under this section each July 1 by the annual
update of the federal poverty guidelines following publication by the United
States Department of Health and Human Services except that the income standards
shall not go below those in effect on July 1, 2009.
(e) (c) For children age 18
or under, annual gifts of $2,000 or less by a tax-exempt organization to or for
the benefit of the child with a life-threatening illness must be disregarded
from income.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 16. Minnesota Statutes 2012, section 256B.056, subdivision 3, is amended to read:
Subd. 3. Asset
limitations for certain 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;
(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);
(6) when a person enrolled in medical assistance under section 256B.057, subdivision 9, is age 65 or older and has been enrolled during each of the 24 consecutive months before the person's 65th birthday, the assets owned by the person and the person's spouse must be disregarded, up to the limits of section 256B.057, subdivision 9, paragraph (d), when determining eligibility for medical assistance under section 256B.055, subdivision 7. The income of a spouse of a person enrolled in medical assistance under section 256B.057, subdivision 9, during each of the 24 consecutive months before the person's 65th birthday must be disregarded when determining eligibility for medical assistance under section 256B.055, subdivision 7. Persons eligible under this clause are not subject to the provisions in section 256B.059. A person whose 65th birthday occurs in 2012 or 2013 is required to have qualified for medical assistance under section 256B.057, subdivision 9, prior to age 65 for at least 20 months in the 24 months prior to reaching age 65; and
(7)
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 January 1, 2014.
Sec. 17. Minnesota Statutes 2012, section 256B.056, subdivision 4, as amended by Laws 2013, chapter 1, section 5, is amended to read:
Subd. 4. Income. (a) To be eligible for medical assistance, a person eligible under section 256B.055, subdivisions 7, 7a, and 12, may have income up to 100 percent of the federal poverty guidelines. Effective January 1, 2000, and each successive January, recipients of supplemental security income may have an income up to the supplemental security income standard in effect on that date.
(b) To be eligible for medical
assistance, families and children may have an income up to 133-1/3 percent of
the AFDC income standard in effect under the July 16, 1996, AFDC state plan. Effective July 1, 2000, the base AFDC
standard in effect on July 16, 1996, shall be increased by three percent.
(c) (b) Effective January 1,
2014, to be eligible for medical assistance, under section 256B.055,
subdivision 3a, a parent or caretaker relative may have an income up to 133
percent of the federal poverty guidelines for the household size.
(d) (c) To be eligible for
medical assistance under section 256B.055, subdivision 15, a person may have an
income up to 133 percent of federal poverty guidelines for the household size.
(e) (d) To be eligible for
medical assistance under section 256B.055, subdivision 16, a child age 19 to
20 may have an income up to 133 percent of the federal poverty guidelines
for the household size.
(f) (e) To be eligible
for medical assistance under section 256B.055, subdivision 3a, a child under
age 19 may have income up to 275 percent of the federal poverty guidelines for
the household size or an equivalent standard when converted using modified
adjusted gross income methodology as required under the Affordable Care Act. Children who are enrolled in medical
assistance as of December 31, 2013, and are determined ineligible for medical
assistance because of the elimination of income disregards under modified
adjusted gross income methodology as defined in subdivision 1a remain eligible
for medical assistance under the Children's Health Insurance Program
Reauthorization Act of 2009, Public Law 111-3, until the date of their next
regularly scheduled eligibility redetermination as required in section
256B.056, subdivision 7a.
(f) In computing income to determine eligibility of persons under paragraphs (a) to (e) who are not residents of long-term care facilities, the commissioner shall disregard increases in income as required by Public Laws 94-566, section 503; 99-272; and 99-509. For persons eligible under paragraph (a), veteran aid and attendance benefits and Veterans Administration unusual medical expense payments are considered income to the recipient.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 18. Minnesota Statutes 2012, section 256B.056, subdivision 5c, is amended to read:
Subd. 5c. Excess
income standard. (a) The excess
income standard for families with children parents and caretaker
relatives, pregnant women, infants, and children ages two through 20 is the
standard specified in subdivision 4, paragraph (b).
(b) The excess income standard for a
person whose eligibility is based on blindness, disability, or age of 65 or
more years is 70 percent of the federal poverty guidelines for the family
size. Effective July 1, 2002, the excess
income standard for this paragraph shall equal 75 percent of the federal
poverty guidelines.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 19. Minnesota Statutes 2012, section 256B.056, is amended by adding a subdivision to read:
Subd. 7a. Periodic
renewal of eligibility. (a)
The commissioner shall make an annual redetermination of eligibility based on
information contained in the enrollee's case file and other information available
to the agency, including but not limited to information accessed through an
electronic database, without requiring the enrollee to submit any information
when sufficient data is available for the agency to renew eligibility.
(b) If the commissioner cannot renew
eligibility in accordance with paragraph (a), the commissioner must provide the
enrollee with a prepopulated renewal form containing eligibility information
available to the agency and permit the enrollee to submit the form with any
corrections or additional information to the agency and sign the renewal form
via any of the modes of submission specified in section 256B.04, subdivision
18.
(c) An enrollee who is terminated for
failure to complete the renewal process may subsequently submit the renewal
form and required information within four months after the date of termination
and have coverage reinstated without a lapse, if otherwise eligible under this
chapter.
(d) Notwithstanding paragraph (a),
individuals eligible under subdivision 5 shall be required to renew eligibility
every six months.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 20. Minnesota Statutes 2012, section 256B.056, subdivision 10, is amended to read:
Subd. 10. Eligibility verification. (a) The commissioner shall require women who are applying for the continuation of medical assistance coverage following the end of the 60-day postpartum period to update their income and asset information and to submit any required income or asset verification.
(b) The commissioner shall determine the eligibility of private-sector health care coverage for infants less than one year of age eligible under section 256B.055, subdivision 10, or 256B.057, subdivision 1, paragraph (d), and shall pay for private-sector coverage if this is determined to be cost-effective.
(c) The commissioner shall verify assets and income for all applicants, and for all recipients upon renewal.
(d) The commissioner shall utilize
information obtained through the electronic service established by the
secretary of the United States Department of Health and Human Services and
other available electronic data sources in Code of Federal Regulations, title
42, sections 435.940 to 435.956, to verify eligibility requirements. The commissioner shall establish standards to
define when information obtained electronically is reasonably compatible with
information provided by applicants and enrollees, including use of
self-attestation, to accomplish real-time eligibility determinations and
maintain program integrity.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 21. Minnesota Statutes 2012, section 256B.057, subdivision 1, is amended to read:
Subdivision 1. Infants
and pregnant women. (a) (1) An
infant less than one year two years of age or a pregnant woman who
has written verification of a positive pregnancy test from a physician or
licensed registered nurse is eligible for medical assistance if the
individual's countable family household income is equal to or
less than 275 percent of the federal poverty guideline for the same family
household size or an equivalent standard when converted using
modified adjusted gross income methodology as required under the Affordable
Care Act. For purposes of this
subdivision, "countable family income" means the amount of income
considered available using the methodology of the AFDC program under the
state's AFDC plan as of July 16, 1996, as required by the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), Public
Law 104-193, except for the earned income disregard and employment deductions.
(2) For applications processed within one
calendar month prior to the effective date, eligibility shall be determined by
applying the income standards and methodologies in effect prior to the
effective date for any months in the six-month budget period before that date
and the income standards and methodologies in effect on the effective date for
any months in the six-month budget period on or after that date. The income standards for each month shall be
added together and compared to the applicant's total countable income for the
six-month budget period to determine eligibility.
(b)(1) [Expired, 1Sp2003 c 14 art 12 s 19]
(2)
For applications processed within one calendar month prior to July 1, 2003,
eligibility shall be determined by applying the income standards and
methodologies in effect prior to July 1, 2003, for any months in the six-month
budget period before July 1, 2003, and the income standards and methodologies
in effect on the expiration date for any months in the six-month budget period
on or after July 1, 2003. The income
standards for each month shall be added together and compared to the
applicant's total countable income for the six-month budget period to determine
eligibility.
(3) An amount equal to the amount of
earned income exceeding 275 percent of the federal poverty guideline, up to a
maximum of the amount by which the combined total of 185 percent of the federal
poverty guideline plus the earned income disregards and deductions allowed
under the state's AFDC plan as of July 16, 1996, as required by the Personal
Responsibility and Work Opportunity Act of 1996 (PRWORA), Public Law 104-193,
exceeds 275 percent of the federal poverty guideline will be deducted for
pregnant women and infants less than one year of age.
(c) Dependent care and child
support paid under court order shall be deducted from the countable income of
pregnant women.
(d) (b) An infant born to a woman who was
eligible for and receiving medical assistance on the date of the child's birth
shall continue to be eligible for medical assistance without redetermination
until the child's first birthday.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 22. Minnesota Statutes 2012, section 256B.057, subdivision 8, is amended to read:
Subd. 8. Children under age two. Medical assistance may be paid for a child under two years of age whose countable family income is above 275 percent of the federal poverty guidelines for the same size family but less than or equal to 280 percent of the federal poverty guidelines for the same size family or an equivalent standard when converted using modified adjusted gross income methodology as required under the Affordable Care Act.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 23. Minnesota Statutes 2012, section 256B.057, subdivision 10, is amended to read:
Subd. 10. Certain persons needing treatment for breast or cervical cancer. (a) Medical assistance may be paid for a person who:
(1) has been screened for breast or cervical cancer by the Minnesota breast and cervical cancer control program, and program funds have been used to pay for the person's screening;
(2) according to the person's treating health professional, needs treatment, including diagnostic services necessary to determine the extent and proper course of treatment, for breast or cervical cancer, including precancerous conditions and early stage cancer;
(3) meets the income eligibility guidelines for the Minnesota breast and cervical cancer control program;
(4) is under age 65;
(5) is
not otherwise eligible for medical assistance under United States Code, title
42, section 1396a(a)(10)(A)(i); and
(6) is
not otherwise covered under creditable coverage, as defined under United States
Code, title 42, section 1396a(aa).
(b) Medical assistance provided for an eligible person under this subdivision shall be limited to services provided during the period that the person receives treatment for breast or cervical cancer.
(c) A person meeting the criteria in
paragraph (a) is eligible for medical assistance without meeting the
eligibility criteria relating to income and assets in section 256B.056,
subdivisions 1a to 5b 5a.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 24. Minnesota Statutes 2012, section 256B.057, is amended by adding a subdivision to read:
Subd. 12. Presumptive eligibility determinations
made by qualified hospitals. The
commissioner shall establish a process to qualify hospitals that are
participating providers under the medical assistance program to determine
presumptive eligibility for medical assistance for applicants who may have a
basis of eligibility using the modified adjusted gross income methodology as
defined in section 256B.056, subdivision 1a, paragraph (b), clause (1).
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 25. Minnesota Statutes 2012, section 256B.06, subdivision 4, is amended to read:
Subd. 4. Citizenship
requirements. (a) Eligibility for
medical assistance is limited to citizens of the United States, qualified
noncitizens as defined in this subdivision, and other persons residing lawfully
in the United States. Citizens or
nationals of the United States must cooperate in obtaining satisfactory
documentary evidence of citizenship or nationality according to the
requirements of the federal Deficit Reduction Act of 2005, Public Law 109-171.
(b) "Qualified noncitizen" means a person who meets one of the following immigration criteria:
(1) admitted for lawful permanent residence according to United States Code, title 8;
(2) admitted to the United States as a refugee according to United States Code, title 8, section 1157;
(3) granted asylum according to United States Code, title 8, section 1158;
(4) granted withholding of deportation according to United States Code, title 8, section 1253(h);
(5) paroled for a period of at least one year according to United States Code, title 8, section 1182(d)(5);
(6) granted conditional entrant status according to United States Code, title 8, section 1153(a)(7);
(7) determined to be a battered noncitizen by the United States Attorney General according to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, title V of the Omnibus Consolidated Appropriations Bill, Public Law 104-200;
(8) is a child of a noncitizen determined to be a battered noncitizen by the United States Attorney General according to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, title V, of the Omnibus Consolidated Appropriations Bill, Public Law 104-200; or
(9) determined to be a Cuban or Haitian entrant as defined in section 501(e) of Public Law 96-422, the Refugee Education Assistance Act of 1980.
(c) All qualified noncitizens who were residing in the United States before August 22, 1996, who otherwise meet the eligibility requirements of this chapter, are eligible for medical assistance with federal financial participation.
(d) Beginning December 1, 1996, qualified noncitizens who entered the United States on or after August 22, 1996, and who otherwise meet the eligibility requirements of this chapter are eligible for medical assistance with federal participation for five years if they meet one of the following criteria:
(1) refugees admitted to the United States according to United States Code, title 8, section 1157;
(2) persons granted asylum according to United States Code, title 8, section 1158;
(3) persons granted withholding of deportation according to United States Code, title 8, section 1253(h);
(4) veterans of the United States armed forces with an honorable discharge for a reason other than noncitizen status, their spouses and unmarried minor dependent children; or
(5) persons on active duty in the United States armed forces, other than for training, their spouses and unmarried minor dependent children.
Beginning July 1, 2010,
children and pregnant women who are noncitizens described in paragraph (b) or
who are lawfully present in the United States as defined in Code of Federal
Regulations, title 8, section 103.12, and who otherwise meet eligibility
requirements of this chapter, are eligible for medical assistance with federal
financial participation as provided by the federal Children's Health Insurance
Program Reauthorization Act of 2009, Public Law 111-3.
(e) Nonimmigrants who otherwise meet the eligibility requirements of this chapter are eligible for the benefits as provided in paragraphs (f) to (h). For purposes of this subdivision, a "nonimmigrant" is a person in one of the classes listed in United States Code, title 8, section 1101(a)(15).
(f) Payment shall also be made for care and services that are furnished to noncitizens, regardless of immigration status, who otherwise meet the eligibility requirements of this chapter, if such care and services are necessary for the treatment of an emergency medical condition.
(g) For purposes of this subdivision, the term "emergency medical condition" means a medical condition that meets the requirements of United States Code, title 42, section 1396b(v).
(h)(1) Notwithstanding paragraph (g), services that are necessary for the treatment of an emergency medical condition are limited to the following:
(i) services delivered in an emergency room or by an ambulance service licensed under chapter 144E that are directly related to the treatment of an emergency medical condition;
(ii) services delivered in an inpatient hospital setting following admission from an emergency room or clinic for an acute emergency condition; and
(iii) follow-up services that are directly related to the original service provided to treat the emergency medical condition and are covered by the global payment made to the provider.
(2) Services for the treatment of emergency medical conditions do not include:
(i) services delivered in an emergency room or inpatient setting to treat a nonemergency condition;
(ii) organ transplants, stem cell transplants, and related care;
(iii) services for routine prenatal care;
(iv) continuing care, including long-term care, nursing facility services, home health care, adult day care, day training, or supportive living services;
(v) elective surgery;
(vi)
outpatient prescription drugs, unless the drugs are administered or dispensed
as part of an emergency room visit;
(vii) preventative health care and family planning services;
(viii) dialysis;
(ix) chemotherapy or therapeutic radiation services;
(x) rehabilitation services;
(xi) physical, occupational, or speech therapy;
(xii) transportation services;
(xiii) case management;
(xiv) prosthetics, orthotics, durable medical equipment, or medical supplies;
(xv) dental services;
(xvi) hospice care;
(xvii) audiology services and hearing aids;
(xviii) podiatry services;
(xix) chiropractic services;
(xx) immunizations;
(xxi) vision services and eyeglasses;
(xxii) waiver services;
(xxiii) individualized education programs; or
(xxiv) chemical dependency treatment.
(i) Beginning July 1, 2009, Pregnant
noncitizens who are undocumented, nonimmigrants, or lawfully present in the
United States as defined in Code of Federal Regulations, title 8, section
103.12, ineligible for federally funded medical assistance because of
immigration status, are not covered by a group health plan or health insurance
coverage according to Code of Federal Regulations, title 42, section 457.310,
and who otherwise meet the eligibility requirements of this chapter, are
eligible for medical assistance through the period of pregnancy, including
labor and delivery, and 60 days postpartum, to the extent federal funds are
available under title XXI of the Social Security Act, and the state children's
health insurance program.
(j) Beginning October 1, 2003, persons who are receiving care and rehabilitation services from a nonprofit center established to serve victims of torture and are otherwise ineligible for medical assistance under this chapter are eligible for medical assistance without federal financial participation. These individuals are eligible only for the period during which they are receiving services from the center. Individuals eligible under this paragraph shall not be required to participate in prepaid medical assistance.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 26. Minnesota Statutes 2012, section 256B.0755, subdivision 3, is amended to read:
Subd. 3. Accountability. (a) Health care delivery systems must accept responsibility for the quality of care based on standards established under subdivision 1, paragraph (b), clause (10), and the cost of care or utilization of services provided to its enrollees under subdivision 1, paragraph (b), clause (1).
(b) A health care delivery system may contract and coordinate with providers and clinics for the delivery of services and shall contract with community health clinics, federally qualified health centers, community mental health centers or programs, county agencies, and rural clinics to the extent practicable.
(c) A health care delivery system must
indicate how it will coordinate with other services affecting its patients'
health, quality of care, and cost of care that are provided by other providers,
county agencies, and other organizations in the local service area. The health care delivery system must indicate
how it will engage other providers, counties, and organizations, including
county-based purchasing plans, that provide services to patients of the health
care delivery system on issues related to local population health, including
applicable local needs, priorities, and public health goals. The health care delivery system must describe
how local providers, counties, organizations, including county-based purchasing
plans, and other relevant purchasers were consulted in developing the
application to participate in the demonstration project.
EFFECTIVE
DATE. This section is
effective July 1, 2013, and applies to health care delivery system contracts
entered into on or after that date.
Sec. 27. Minnesota Statutes 2012, section 256B.694, is amended to read:
256B.694
SOLE-SOURCE OR SINGLE-PLAN MANAGED CARE CONTRACT.
(a) MS 2010 [Expired, 2008 c 364 s 10]
(b) The commissioner shall consider, and may
approve, contracting on a single-health plan basis with other
county-based purchasing plans, or with other qualified health plans that have
coordination arrangements with counties, to serve persons with a disability
who voluntarily enroll enrolled in state public health care programs,
in order to promote better coordination or integration of health care services,
social services and other community-based services, provided that all
requirements applicable to health plan purchasing, including those in section
256B.69, subdivision 23 sections 256B.69 and 256B.692, are satisfied. Nothing in this paragraph supersedes or
modifies the requirements in paragraph (a).
Sec. 28. Minnesota Statutes 2012, section 256L.01, is amended by adding a subdivision to read:
Subd. 1b. Affordable Care Act. "Affordable Care Act" means
the federal Patient Protection and Affordable Care Act, Public Law 111-148, as
amended, including the federal Health Care and Education Reconciliation Act of
2010, Public Law 111-152, and any amendments to, and any federal guidance or
regulations issued under, these acts.
Sec. 29. Minnesota Statutes 2012, section 256L.01, subdivision 3a, is amended to read:
Subd. 3a. Family
with children. (a) "Family
with children" means:
(1) parents and their children residing
in the same household; or
(2) grandparents, foster parents,
relative caretakers as defined in the medical assistance program, or legal
guardians; and their wards who are children residing in the same household. "Family" has the meaning given
for family and family size as defined in Code of Federal Regulations, title 26,
section 1.36B-1.
(b) The term includes children who are temporarily absent from the household in settings such as schools, camps, or parenting time with noncustodial parents.
EFFECTIVE
DATE. This section is
effective January 1, 2014, or upon federal approval, whichever is later. The commissioner of human services shall
notify the revisor of statutes when federal approval is obtained.
Sec. 30. Minnesota Statutes 2012, section 256L.01, subdivision 5, is amended to read:
Subd. 5. Income. (a) "Income" has the
meaning given for earned and unearned income for families and children in
the medical assistance program, according to the state's aid to families with
dependent children plan in effect as of July 16, 1996. The definition does not include medical
assistance income methodologies and deeming requirements. The earned income of full-time and part-time
students under age 19 is not counted as income.
Public assistance payments and supplemental security income are not
excluded income modified adjusted gross income, as defined in Code of
Federal Regulations, title 26, section 1.36B-1.
(b) For purposes of this subdivision,
and unless otherwise specified in this section, the commissioner shall use
reasonable methods to calculate gross earned and unearned income including, but
not limited to, projecting income based on income received within the past 30
days, the last 90 days, or the last 12 months.
EFFECTIVE
DATE. This section is
effective January 1, 2014, or upon federal approval, whichever is later. The commissioner of human services shall
notify the revisor of statutes when federal approval is obtained.
Sec. 31. Minnesota Statutes 2012, section 256L.01, is amended by adding a subdivision to read:
Subd. 6. Minnesota
Insurance Marketplace. "Minnesota
Insurance Marketplace" means the Minnesota Insurance Marketplace as
defined in section 62V.02.
Sec. 32. Minnesota Statutes 2012, section 256L.01, is amended by adding a subdivision to read:
Subd. 7. Participating
entity. "Participating
entity" means a health carrier as defined in section 62A.01, subdivision
2; a county-based purchasing plan established under section 256B.692; an
accountable care organization or other entity operating a health care delivery
systems demonstration project authorized under section 256B.0755; an entity operating
a county integrated health care delivery network pilot project authorized under
section 256B.0756; or a network of health care providers established to offer
services under MinnesotaCare.
EFFECTIVE
DATE. This section is
effective January 1, 2015.
Sec. 33. Minnesota Statutes 2012, section 256L.02, subdivision 2, is amended to read:
Subd. 2. Commissioner's
duties. (a) The commissioner
shall establish an office for the state administration of this plan. The plan shall be used to provide covered
health services for eligible persons. Payment
for these services shall be made to all eligible providers participating
entities under contract with the commissioner. The commissioner shall adopt rules to
administer the MinnesotaCare program. The
commissioner shall establish marketing efforts to encourage potentially
eligible persons to receive information about the program and about other
medical care programs administered or supervised by the Department of Human
Services.
(b) A toll-free telephone number and Web site must be used to provide information about medical programs and to promote access to the covered services.
EFFECTIVE
DATE. Paragraph (a) is
effective January 1, 2015. Paragraph (b)
is effective January 1, 2014, or upon federal approval, whichever is later. The commissioner of human services shall
notify the revisor of statutes when federal approval is obtained.
Sec. 34. Minnesota Statutes 2012, section 256L.02, is amended by adding a subdivision to read:
Subd. 6. Federal
approval. (a) The
commissioner of human services shall seek federal approval to implement the
MinnesotaCare program under this chapter as a basic health program. In any agreement with the Centers for
Medicare and Medicaid Services to operate MinnesotaCare as a basic health
program, the commissioner shall seek
to include procedures to ensure
that federal funding is predictable, stable, and sufficient to sustain ongoing
operation of MinnesotaCare. These
procedures must address issues related to the timing of federal payments,
payment reconciliation, enrollee risk adjustment, and minimization of state
financial risk. The commissioner shall
consult with the commissioner of management and budget, when developing the
proposal for establishing MinnesotaCare as a basic health program to be
submitted to the Centers for Medicare and Medicaid Services.
(b) The commissioner of human services,
in consultation with the commissioner of management and budget, shall work with
the Centers for Medicare and Medicaid Services to establish a process for
reconciliation and adjustment of federal payments that balances state and
federal liability over time. The
commissioner of human services shall request that the secretary of health and
human services hold the state, and enrollees, harmless in the reconciliation
process for the first three years, to allow the state to develop a
statistically valid methodology for predicting enrollment trends and their net
effect on federal payments.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 35. Minnesota Statutes 2012, section 256L.02, is amended by adding a subdivision to read:
Subd. 7. Coordination
with Minnesota Insurance Marketplace.
MinnesotaCare shall be considered a public health care program
for purposes of chapter 62V.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 36. Minnesota Statutes 2012, section 256L.03, subdivision 1, is amended to read:
Subdivision 1. Covered
health services. (a) "Covered
health services" means the health services reimbursed under chapter 256B,
with the exception of inpatient hospital services, special education
services, private duty nursing services, adult dental care services other than
services covered under section 256B.0625, subdivision 9, orthodontic services,
nonemergency medical transportation services, personal care assistance and case
management services, and nursing home or intermediate care facilities
services, inpatient mental health services, and chemical dependency services.
(b) No public funds shall be used for coverage of abortion under MinnesotaCare except where the life of the female would be endangered or substantial and irreversible impairment of a major bodily function would result if the fetus were carried to term; or where the pregnancy is the result of rape or incest.
(c) Covered health services shall be expanded as provided in this section.
EFFECTIVE
DATE. This section is
effective January 1, 2014, or upon federal approval, whichever is later. The commissioner of human services shall
notify the revisor of statutes when federal approval is obtained.
Sec. 37. Minnesota Statutes 2012, section 256L.03, subdivision 1a, is amended to read:
Subd. 1a. Pregnant
women and Children; MinnesotaCare health care reform waiver. Beginning January 1, 1999, Children
and pregnant women are eligible for coverage of all services that are
eligible for reimbursement under the medical assistance program according to
chapter 256B, except that abortion services under MinnesotaCare shall be limited
as provided under subdivision 1. Pregnant
women and Children are exempt from the provisions of subdivision 5,
regarding co-payments. Pregnant women
and Children who are lawfully residing in the United States but who are not
"qualified noncitizens" under title IV of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, Statutes
at Large, volume 110, page 2105, are eligible for coverage of all services
provided under the medical assistance program according to chapter 256B.
EFFECTIVE
DATE. This section is
effective January 1, 2014, or upon federal approval, whichever is later. The commissioner of human services shall
notify the revisor of statutes when federal approval is obtained.
Sec. 38. Minnesota Statutes 2012, section 256L.03, subdivision 3, is amended to read:
Subd. 3. Inpatient
hospital services. (a) Covered
health services shall include inpatient hospital services, including inpatient
hospital mental health services and inpatient hospital and residential chemical
dependency treatment, subject to those limitations necessary to coordinate the
provision of these services with eligibility under the medical assistance
spenddown. The inpatient hospital
benefit for adult enrollees who qualify under section 256L.04, subdivision 7,
or who qualify under section 256L.04, subdivisions 1 and 2, with family gross
income that exceeds 200 percent of the federal poverty guidelines or 215
percent of the federal poverty guidelines on or after July 1, 2009, and who are
not pregnant, is subject to an annual limit of $10,000.
(b) Admissions for inpatient hospital services paid for under section 256L.11, subdivision 3, must be certified as medically necessary in accordance with Minnesota Rules, parts 9505.0500 to 9505.0540, except as provided in clauses (1) and (2):
(1) all admissions must be certified, except those authorized under rules established under section 254A.03, subdivision 3, or approved under Medicare; and
(2) payment under section 256L.11, subdivision 3, shall be reduced by five percent for admissions for which certification is requested more than 30 days after the day of admission. The hospital may not seek payment from the enrollee for the amount of the payment reduction under this clause.
EFFECTIVE
DATE. This section is
effective January 1, 2014, or upon federal approval, whichever is later. The commissioner of human services shall
notify the revisor of statutes when federal approval is obtained.
Sec. 39. Minnesota Statutes 2012, section 256L.03, is amended by adding a subdivision to read:
Subd. 4a. Loss ratio. Health coverage provided through the
MinnesotaCare program must have a medical loss ratio of at least 85 percent, as
defined using the loss ratio methodology described in section 1001 of the
Affordable Care Act.
EFFECTIVE
DATE. This section is
effective January 1, 2015.
Sec. 40. Minnesota Statutes 2012, section 256L.03, subdivision 5, is amended to read:
Subd. 5. Cost-sharing. (a) Except as otherwise provided
in paragraphs (b) and (c) this subdivision, the MinnesotaCare
benefit plan shall include the following cost-sharing requirements for all
enrollees:
(1) ten percent of the paid charges for
inpatient hospital services for adult enrollees, subject to an annual inpatient
out-of-pocket maximum of $1,000 per individual;
(2) (1) $3 per prescription
for adult enrollees;
(3) (2) $25 for eyeglasses for
adult enrollees;
(4) (3) $3 per nonpreventive
visit. 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;
(5) (4) $6 for nonemergency visits to a
hospital-based emergency room for services provided through December 31,
2010, and $3.50 effective January 1, 2011; and
(6) (5) a family deductible equal to the maximum amount allowed under Code of Federal Regulations, title 42, part 447.54.
(b) Paragraph (a), clause (1), does not
apply to parents and relative caretakers of children under the age of 21.
(c) (b) Paragraph (a) does not
apply to pregnant women and children under the age of 21.
(d) (c) Paragraph (a), clause (4)
(3), does not apply to mental health services.
(e) Adult enrollees with family gross
income that exceeds 200 percent of the federal poverty guidelines or 215
percent of the federal poverty guidelines on or after July 1, 2009, and who are
not pregnant shall be financially responsible for the coinsurance amount, if
applicable, and amounts which exceed the $10,000 inpatient hospital benefit
limit.
(f) When a MinnesotaCare enrollee becomes
a member of a prepaid health plan, or changes from one prepaid health plan to
another during a calendar year, any charges submitted towards the $10,000
annual inpatient benefit limit, and any out-of-pocket expenses incurred by the
enrollee for inpatient services, that were submitted or incurred prior to
enrollment, or prior to the change in health plans, shall be disregarded.
(g) (d) MinnesotaCare
reimbursements to fee-for-service providers and payments to managed care plans
or county-based purchasing plans shall not be increased as a result of the
reduction of the co-payments in paragraph (a), clause (5) (4),
effective January 1, 2011.
(h) (e) The commissioner,
through the contracting process under section 256L.12, may allow managed care
plans and county-based purchasing plans to waive the family deductible under
paragraph (a), clause (6) (5).
The value of the family deductible shall not be included in the
capitation payment to managed care plans and county-based purchasing plans. Managed care plans and county-based
purchasing plans shall certify annually to the commissioner the dollar value of
the family deductible.
EFFECTIVE
DATE. This section is
effective January 1, 2014, or upon federal approval, whichever is later. The commissioner of human services shall
notify the revisor of statutes when federal approval is obtained.
Sec. 41. Minnesota Statutes 2012, section 256L.03, subdivision 6, is amended to read:
Subd. 6. Lien. When the state agency provides, pays for,
or becomes liable for covered health services, the agency shall have a lien for
the cost of the covered health services upon any and all causes of action
accruing to the enrollee, or to the enrollee's legal representatives, as a
result of the occurrence that necessitated the payment for the covered health
services. All liens under this section
shall be subject to the provisions of section 256.015. For purposes of this subdivision, "state
agency" includes prepaid health plans participating entities,
under contract with the commissioner according to sections 256B.69, 256D.03,
subdivision 4, paragraph (c), and 256L.12; and county-based purchasing entities
under section 256B.692 section 256L.121.
EFFECTIVE
DATE. This section is
effective January 1, 2015.
Sec. 42. Minnesota Statutes 2012, section 256L.04, subdivision 1, is amended to read:
Subdivision 1. Families
with children. (a) Families
with children with family income above 133 percent of the federal poverty
guidelines and equal to or less than 275 200 percent of the
federal poverty guidelines for the applicable family size shall be eligible for
MinnesotaCare according to this section.
All other provisions of sections 256L.01 to 256L.18, including the
insurance-related barriers to enrollment under section 256L.07, shall apply
unless otherwise specified. Children
under age 19 with family income at or below 200 percent of the federal poverty
guidelines and who are ineligible for medical assistance by sole reason of the
application of federal household composition rules for medical assistance are
eligible for MinnesotaCare.
(b) Parents who enroll in the
MinnesotaCare program must also enroll their children, if the children are
eligible. Children may be enrolled
separately without enrollment by parents.
However, if one parent in the household enrolls, both parents must
enroll, unless other insurance is available.
If one child from a family is enrolled, all children must be enrolled,
unless other insurance is available. If
one spouse in a household enrolls, the other spouse in the household must also
enroll, unless other insurance is available.
Families cannot choose to enroll only certain uninsured members.
(c) Beginning October 1, 2003, the
dependent sibling definition no longer applies to the MinnesotaCare program. These persons are no longer counted in the parental
household and may apply as a separate household.
(d) Parents are not eligible for
MinnesotaCare if their gross income exceeds $57,500.
(e) Children deemed eligible for
MinnesotaCare under section 256L.07, subdivision 8, are exempt from the eligibility
requirements of this subdivision.
EFFECTIVE
DATE. This section is
effective January 1, 2014, or upon federal approval, whichever is later. The commissioner of human services shall
notify the revisor of statutes when federal approval is obtained.
Sec. 43. Minnesota Statutes 2012, section 256L.04, is amended by adding a subdivision to read:
Subd. 1c. General
requirements. To be eligible
for coverage under MinnesotaCare, a person must meet the eligibility
requirements of this section. A person eligible
for MinnesotaCare shall not be considered a qualified individual under section
1312 of the Affordable Care Act, and is not eligible for enrollment in a
qualified health plan offered through the Minnesota Insurance Marketplace under
chapter 62V.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 44. Minnesota Statutes 2012, section 256L.04, subdivision 7, is amended to read:
Subd. 7.
Single adults and households with
no children. (a) The
definition of eligible persons includes all individuals and households families
with no children who have gross family incomes that are above 133
percent and equal to or less than 200 percent of the federal poverty
guidelines for the applicable family size.
(b) Effective July 1, 2009, the definition
of eligible persons includes all individuals and households with no children
who have gross family incomes that are equal to or less than 250 percent of the
federal poverty guidelines.
EFFECTIVE
DATE. This section is
effective January 1, 2014, or upon federal approval, whichever is later. The commissioner of human services shall
notify the revisor of statutes when federal approval is obtained.
Sec. 45. Minnesota Statutes 2012, section 256L.04, subdivision 8, is amended to read:
Subd. 8. Applicants
potentially eligible for medical assistance.
(a) Individuals who receive supplemental security income or
retirement, survivors, or disability benefits due to a disability, or other
disability-based pension, who qualify under subdivision 7, but who are
potentially eligible for medical assistance without a spenddown shall be
allowed to enroll in MinnesotaCare for a period of 60 days, so long as
the applicant meets all other conditions of eligibility. The commissioner shall identify and refer the
applications of such individuals to their county social service agency. The county and the commissioner shall
cooperate to ensure that the individuals obtain medical assistance coverage for
any months for which they are eligible.
(b) The enrollee must cooperate with the
county social service agency in determining medical assistance eligibility within
the 60-day enrollment period. Enrollees
who do not cooperate with medical assistance within the 60-day enrollment
period shall be disenrolled from the plan within one calendar month. Persons disenrolled for
nonapplication for medical assistance may not reenroll until they have obtained a medical assistance eligibility determination. Persons disenrolled for noncooperation with medical assistance may not reenroll until they have cooperated with the county agency and have obtained a medical assistance eligibility determination.
(c) Beginning January 1, 2000, Counties
that choose to become MinnesotaCare enrollment sites shall consider
MinnesotaCare applications to also be applications for medical assistance. Applicants who are potentially eligible
for medical assistance, except for those described in paragraph (a), may choose
to enroll in either MinnesotaCare or medical assistance.
(d) The commissioner shall redetermine provider payments made under MinnesotaCare to the appropriate medical assistance payments for those enrollees who subsequently become eligible for medical assistance.
EFFECTIVE
DATE. This section is
effective January 1, 2014, or upon federal approval, whichever is later. The commissioner of human services shall
notify the revisor of statutes when federal approval is obtained.
Sec. 46. Minnesota Statutes 2012, section 256L.04, subdivision 10, is amended to read:
Subd. 10. Citizenship
requirements. (a) Eligibility
for MinnesotaCare is limited to citizens or nationals of the United States,
qualified noncitizens, and other persons residing and lawfully in
the United States present noncitizens as defined in Code of Federal
Regulations, title 8, section 103.12. Undocumented
noncitizens and nonimmigrants are ineligible for MinnesotaCare. For purposes of this subdivision, a
nonimmigrant is an individual in one or more of the classes listed in United
States Code, title 8, section 1101(a)(15), and an undocumented noncitizen
is an individual who resides in the United States without the approval or
acquiescence of the United States Citizenship and Immigration Services. Families with children who are citizens or
nationals of the United States must cooperate in obtaining satisfactory
documentary evidence of citizenship or nationality according to the
requirements of the federal Deficit Reduction Act of 2005, Public Law 109-171.
(b) Notwithstanding subdivisions 1 and
7, eligible persons include families and individuals who are lawfully present
and ineligible for medical assistance by reason of immigration status and who
have incomes equal to or less than 200 percent of federal poverty guidelines.
EFFECTIVE
DATE. This section is
effective January 1, 2014, or upon federal approval, whichever is later. The commissioner of human services shall
notify the revisor of statutes when federal approval is obtained.
Sec. 47. Minnesota Statutes 2012, section 256L.04, subdivision 12, is amended to read:
Subd. 12. Persons
in detention. Beginning January
1, 1999, An applicant or enrollee residing in a correctional or
detention facility is not eligible for MinnesotaCare, unless the applicant
or enrollee is awaiting disposition of charges. An enrollee residing in a correctional or
detention facility is not eligible at renewal of eligibility under section
256L.05, subdivision 3a.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 48. Minnesota Statutes 2012, section 256L.04, is amended by adding a subdivision to read:
Subd. 14. Coordination
with medical assistance. (a)
Individuals eligible for medical assistance under chapter 256B are not eligible
for MinnesotaCare under this section.
(b) The commissioner shall coordinate
eligibility and coverage to ensure that individuals transitioning between
medical assistance and MinnesotaCare have seamless eligibility and access to
health care services.
EFFECTIVE
DATE. This section is
effective January 1, 2014, or upon federal approval, whichever is later. The commissioner of human services shall
notify the revisor of statutes when federal approval is obtained.
Sec. 49. Minnesota Statutes 2012, section 256L.05, subdivision 1, is amended to read:
Subdivision 1. Application assistance and information availability. (a) Applicants may submit applications online, in person, by mail, or by phone in accordance with the Affordable Care Act, and by any other means by which medical assistance applications may be submitted. Applicants may submit applications through the Minnesota Insurance Marketplace or through the MinnesotaCare program. Applications and application assistance must be made available at provider offices, local human services agencies, school districts, public and private elementary schools in which 25 percent or more of the students receive free or reduced price lunches, community health offices, Women, Infants and Children (WIC) program sites, Head Start program sites, public housing councils, crisis nurseries, child care centers, early childhood education and preschool program sites, legal aid offices, and libraries, and at any other locations at which medical assistance applications must be made available. These sites may accept applications and forward the forms to the commissioner or local county human services agencies that choose to participate as an enrollment site. Otherwise, applicants may apply directly to the commissioner or to participating local county human services agencies.
(b) Application assistance must be available for applicants choosing to file an online application through the Minnesota Insurance Marketplace.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 50. Minnesota Statutes 2012, section 256L.05, subdivision 2, is amended to read:
Subd. 2. Commissioner's duties. The commissioner or county agency shall use electronic verification through the Minnesota Insurance Marketplace as the primary method of income verification. If there is a discrepancy between reported income and electronically verified income, an individual may be required to submit additional verification to the extent permitted under the Affordable Care Act. In addition, the commissioner shall perform random audits to verify reported income and eligibility. The commissioner may execute data sharing arrangements with the Department of Revenue and any other governmental agency in order to perform income verification related to eligibility and premium payment under the MinnesotaCare program.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 51. Minnesota Statutes 2012, 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 modified adjusted 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) (c) 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) (d) 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.
(f) The effective date of coverage for
children eligible under section 256L.07, subdivision 8, is the first day of the
month following the date of termination from foster care or release from a
juvenile residential correctional facility.
EFFECTIVE
DATE. This section is effective
January 1, 2014, or upon federal approval, whichever is later. The commissioner of human services shall
notify the revisor of statutes when federal approval is obtained.
Sec. 52. Minnesota Statutes 2012, section 256L.05, subdivision 3c, is amended to read:
Subd. 3c. Retroactive
coverage. Notwithstanding
subdivision 3, the effective date of coverage shall be the first day of the
month following termination from medical assistance for families and
individuals who are eligible for MinnesotaCare and who submitted a written
request for retroactive MinnesotaCare coverage with a completed application
within 30 days of the mailing of notification of termination from medical
assistance. The applicant must provide
all required verifications within 30 days of the written request for
verification. For retroactive coverage,
premiums must be paid in full for any retroactive month, current month, and
next month within 30 days of the premium billing. General assistance medical care recipients
may qualify for retroactive coverage under this subdivision at six-month
renewal. This subdivision does
not apply, and shall not be implemented by the commissioner, once eligibility
determination for MinnesotaCare is conducted by the Minnesota Insurance
Marketplace eligibility determination system.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 53. Minnesota Statutes 2012, section 256L.06, subdivision 3, is amended to read:
Subd. 3. Commissioner's duties and payment. (a) Premiums are dedicated to the commissioner for MinnesotaCare.
(b) The commissioner shall develop and implement procedures to: (1) require enrollees to report changes in income; (2) adjust sliding scale premium payments, based upon both increases and decreases in enrollee income, at the time the change in income is reported; and (3) disenroll enrollees from MinnesotaCare for failure to pay required premiums. Failure to pay includes payment with a dishonored check, a returned automatic bank withdrawal, or a refused credit card or debit card payment. The commissioner may demand a guaranteed form of payment, including a cashier's check or a money order, as the only means to replace a dishonored, returned, or refused payment.
(c)
Premiums are calculated on a calendar month basis and may be paid on a monthly,
quarterly, or semiannual basis, with the first payment due upon notice from the
commissioner of the premium amount required.
The commissioner shall inform applicants and enrollees of these premium
payment options. Premium payment is
required before enrollment is complete and to maintain eligibility in
MinnesotaCare. Premium payments received
before noon are credited the same day.
Premium payments received after noon are credited on the next working
day.
(d) Nonpayment of the premium
will result in disenrollment from the plan effective for the calendar month for
which the premium was due. Persons
disenrolled for nonpayment or who voluntarily terminate coverage from the
program may not reenroll until four calendar months have elapsed. Persons disenrolled for nonpayment who pay
all past due premiums as well as current premiums due, including premiums due
for the period of disenrollment, within 20 days of disenrollment, shall be
reenrolled retroactively to the first day of disenrollment. Persons disenrolled for nonpayment or who
voluntarily terminate coverage from the program may not reenroll for four
calendar months unless the person demonstrates good cause for nonpayment. Good cause does not exist if a person chooses
to pay other family expenses instead of the premium. The commissioner shall define good cause in
rule.
EFFECTIVE
DATE. This section is
effective January 1, 2014, or upon federal approval, whichever is later. The commissioner of human services shall
notify the revisor of statutes when federal approval is obtained.
Sec. 54. Minnesota Statutes 2012, section 256L.07, subdivision 1, is amended to read:
Subdivision 1. General
requirements. (a) Children
enrolled in the original children's health plan as of September 30, 1992,
children who enrolled in the MinnesotaCare program after September 30, 1992,
pursuant to Laws 1992, chapter 549, article 4, section 17, and children who
have family gross incomes that are equal to or less than 200 percent of the
federal poverty guidelines are eligible without meeting the requirements of
subdivision 2 and the four-month requirement in subdivision 3, as long as they
maintain continuous coverage in the MinnesotaCare program or medical
assistance.
Parents Individuals enrolled in MinnesotaCare
under section 256L.04, subdivision 1, and individuals enrolled in
MinnesotaCare under section 256L.04, subdivision 7, whose income increases
above 275 200 percent of the federal poverty guidelines, are no
longer eligible for the program and shall be disenrolled by the
commissioner. Beginning January 1,
2008, individuals enrolled in MinnesotaCare under section 256L.04, subdivision
7, whose income increases above 200 percent of the federal poverty guidelines
or 250 percent of the federal poverty guidelines on or after July 1, 2009, are
no longer eligible for the program and shall be disenrolled by the
commissioner. For persons
disenrolled under this subdivision, MinnesotaCare coverage terminates the last
day of the calendar month following the month in which the commissioner
determines that the income of a family or individual exceeds program income
limits.
(b) Children may remain enrolled in
MinnesotaCare if their gross family income as defined in section 256L.01,
subdivision 4, is greater than 275 percent of federal poverty guidelines. The premium for children remaining eligible
under this paragraph shall be the maximum premium determined under section
256L.15, subdivision 2, paragraph (b).
(c) Notwithstanding paragraph (a),
parents are not eligible for MinnesotaCare if gross household income exceeds
$57,500 for the 12-month period of eligibility.
EFFECTIVE
DATE. This section is
effective January 1, 2014, or upon federal approval, whichever is later. The commissioner of human services shall
notify the revisor of statutes when federal approval is obtained.
Sec. 55. Minnesota Statutes 2012, section 256L.07, subdivision 2, is amended to read:
Subd. 2. Must
not have access to employer-subsidized minimum essential coverage. (a) To be eligible, a family or
individual must not have access to subsidized health coverage through an
employer and must not have had access to employer-subsidized coverage through a
current employer for 18 months prior to application or reapplication. A family or individual whose
employer-subsidized coverage is lost due to an employer terminating health care
coverage as an employee benefit during the previous 18 months is not eligible
that is affordable and provides minimum value as defined in Code of Federal
Regulations, title 26, section 1.36B-2.
(b) This subdivision does not
apply to a family or individual who was enrolled in MinnesotaCare within six
months or less of reapplication and who no longer has employer-subsidized
coverage due to the employer terminating health care coverage as an employee
benefit. This subdivision does not
apply to children with family gross incomes that are equal to or less than 200
percent of federal poverty guidelines.
(c) For purposes of this requirement,
subsidized health coverage means health coverage for which the employer pays at
least 50 percent of the cost of coverage for the employee or dependent, or a
higher percentage as specified by the commissioner. Children are eligible for employer-subsidized
coverage through either parent, including the noncustodial parent. The commissioner must treat employer
contributions to Internal Revenue Code Section 125 plans and any other employer
benefits intended to pay health care costs as qualified employer subsidies
toward the cost of health coverage for employees for purposes of this
subdivision.
EFFECTIVE
DATE. This section is
effective January 1, 2014, or upon federal approval, whichever is later. The commissioner of human services shall
notify the revisor of statutes when federal approval is obtained.
Sec. 56. Minnesota Statutes 2012, section 256L.07, subdivision 3, is amended to read:
Subd. 3. Other
health coverage. (a) Families and
individuals enrolled in the MinnesotaCare program must have no To be
eligible, a family or individual must not have minimum essential health
coverage while enrolled, as defined by section 5000A of the Internal
Revenue Code. Children with
family gross incomes equal to or greater than 200 percent of federal poverty
guidelines, and adults, must have had no health coverage for at least four
months prior to application and renewal.
Children enrolled in the original children's health plan and children in
families with income equal to or less than 200 percent of the federal poverty
guidelines, who have other health insurance, are eligible if the coverage:
(1) lacks two or more of the following:
(i) basic hospital insurance;
(ii) medical-surgical insurance;
(iii) prescription drug coverage;
(iv) dental coverage; or
(v) vision coverage;
(2) requires a deductible of $100 or
more per person per year; or
(3) lacks coverage because the child
has exceeded the maximum coverage for a particular diagnosis or the policy
excludes a particular diagnosis.
The commissioner may change this
eligibility criterion for sliding scale premiums in order to remain within the
limits of available appropriations. The
requirement of no health coverage does not apply to newborns.
(b) Coverage purchased as provided
under section 256L.031, subdivision 2, medical assistance, and the Civilian
Health and Medical Program of the Uniformed Service, CHAMPUS, or other coverage
provided under United States Code, title 10, subtitle A, part II, chapter 55,
are not considered insurance or health coverage for purposes of the four-month
requirement described in this subdivision.
(c) (b) For purposes of this subdivision, an applicant or enrollee who is entitled to Medicare Part A or enrolled in Medicare Part B coverage under title XVIII of the Social Security Act, United States Code, title 42, sections 1395c to 1395w-152, is considered to have minimum essential health coverage. An applicant or enrollee who is entitled to premium-free Medicare Part A may not refuse to apply for or enroll in Medicare coverage to establish eligibility for MinnesotaCare.
(d) Applicants who were recipients of
medical assistance within one month of application must meet the provisions of
this subdivision and subdivision 2.
(e) Cost-effective health insurance
that was paid for by medical assistance is not considered health coverage for
purposes of the four-month requirement under this section, except if the
insurance continued after medical assistance no longer considered it
cost-effective or after medical assistance closed.
EFFECTIVE
DATE. This section is
effective January 1, 2014, or upon federal approval, whichever is later. The commissioner of human services shall
notify the revisor of statutes when federal approval is obtained.
Sec. 57. Minnesota Statutes 2012, section 256L.09, subdivision 2, is amended to read:
Subd. 2. Residency
requirement. To be eligible for
health coverage under the MinnesotaCare program, pregnant women, individuals,
and families with children must meet the residency requirements as provided by
Code of Federal Regulations, title 42, section 435.403, except that the
provisions of section 256B.056, subdivision 1, shall apply upon receipt of
federal approval.
EFFECTIVE
DATE. This section is
effective January 1, 2014, or upon federal approval, whichever is later. The commissioner of human services shall
notify the revisor of statutes when federal approval is obtained.
Sec. 58. Minnesota Statutes 2012, section 256L.11, subdivision 1, is amended to read:
Subdivision 1. Medical
assistance rate to be used. (a)
Payment to providers under sections 256L.01 to 256L.11 this chapter
shall be at the same rates and conditions established for medical assistance,
except as provided in subdivisions 2 to 6 this section.
(b) Effective for services provided on
or after July 1, 2009, total payments for basic care services shall be reduced
by three percent, in accordance with section 256B.766. Payments made to managed care and
county-based purchasing plans shall be reduced for services provided on or
after October 1, 2009, to reflect this reduction.
(c)
Effective for services provided on or after July 1, 2009, payment rates for
physician and professional services shall be reduced as described under section
256B.76, subdivision 1, paragraph (c).
Payments made to managed care and county-based purchasing plans shall be reduced for services
provided on or after October 1, 2009, to reflect this reduction.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 59. Minnesota Statutes 2012, section 256L.11, subdivision 3, is amended to read:
Subd. 3. Inpatient
hospital services. Inpatient
hospital services provided under section 256L.03, subdivision 3, shall
be paid for as provided in subdivisions 4 to 6 at the medical
assistance rate.
EFFECTIVE
DATE. This section is effective
January 1, 2014.
Sec. 60. Minnesota Statutes 2012, section 256L.12, subdivision 1, is amended to read:
Subdivision 1. Selection of vendors. In order to contain costs, the commissioner of human services shall select vendors of medical care who can provide the most economical care consistent with high medical standards and shall, where possible, contract with organizations on a prepaid capitation basis to provide these services. The commissioner shall consider proposals by counties and vendors for managed care plans and managed care-like entities as defined by the final regulation implementing section 1331 of the Affordable Care Act regarding basic health plans, which may include: prepaid capitation programs, competitive bidding programs, or other vendor payment mechanisms designed to provide services in an economical manner or to control utilization, with safeguards to ensure that necessary services are provided.
Sec. 61. [256L.121]
SERVICE DELIVERY.
Subdivision 1. Competitive
process. The commissioner of
human services shall establish a competitive process for entering into
contracts with participating entities for the offering of standard health plans
through MinnesotaCare. Coverage through
standard health plans must be available to enrollees beginning January 1, 2015. Each standard health plan must cover the
health services listed in and meet the requirements of section 256L.03. The competitive process must meet the
requirements of section 1331 of the Affordable Care Act and be designed to
ensure enrollee access to high-quality health care coverage options. The commissioner, to the extent feasible,
shall seek to ensure that enrollees have a choice of coverage from more than
one participating entity within a geographic area. In counties that were part of a county-based
purchasing plan on January 1, 2013, the commissioner shall use the medical
assistance competitive procurement process under section 256B.69, subdivisions
1 to 32, under which selection of entities is based on criteria related to
provider network access, coordination of health care with other local services,
alignment with local public health goals, and other factors.
Subd. 2. Other
requirements for participating entities.
The commissioner shall require participating entities, as a
condition of contract, to document to the commissioner:
(1) the provision of culturally and
linguistically appropriate services, including marketing materials, to
MinnesotaCare enrollees; and
(2)
the inclusion in provider networks of providers designated as essential
community providers under section 62Q.19.
Subd. 3. Coordination
with state-administered health programs.
The commissioner shall coordinate the administration of the
MinnesotaCare program with medical assistance to maximize efficiency and
improve the continuity of care. This
includes, but is not limited to:
(1) establishing geographic areas for
MinnesotaCare that are consistent with the geographic areas of the medical
assistance program, within which participating entities may offer health plans;
(2) requiring, as a condition of
participation in MinnesotaCare, participating entities to also participate in
the medical assistance program;
(3) complying with sections 256B.69,
subdivision 3a; 256B.692, subdivision 1; and 256B.694, when contracting with
MinnesotaCare participating entities;
(4) providing MinnesotaCare enrollees,
to the extent possible, with the option to remain in the same health plan and
provider network, if they later become eligible for medical assistance or coverage
through the Minnesota health benefit exchange and if, in the case of becoming
eligible for medical assistance, the enrollee's MinnesotaCare health plan is
also a medical assistance health plan in the enrollee's county of residence;
and
(5) establishing requirements
and criteria for selection that ensure that covered health care services will
be coordinated with local public health services, social services, long-term
care services, mental health services, and other local services affecting
enrollees' health, access, and quality of care.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 62. Minnesota Statutes 2012, 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) (b) 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) (c) 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 January 1, 2014, or upon federal approval, whichever is later. The commissioner of human services shall
notify the revisor of statutes when federal approval is obtained.
Sec. 63. Minnesota Statutes 2012, section 256L.15, subdivision 2, is amended to read:
Subd. 2. Sliding
fee scale; monthly gross individual or family income. (a) The commissioner shall establish a
sliding fee scale to determine the percentage of monthly gross
individual or family income that households at different income levels must pay
to obtain coverage through the MinnesotaCare program. The sliding fee scale must be based on the
enrollee's monthly gross individual or family income. The sliding fee scale must contain
separate tables based on enrollment of one, two, or three or more persons. Until June 30, 2009, the sliding fee scale
begins with a premium of 1.5 percent of monthly gross individual or family
income for individuals or families with incomes below the limits for the
medical assistance program for families and children in effect on January 1,
1999, and proceeds through the following evenly spaced steps: 1.8, 2.3, 3.1, 3.8, 4.8, 5.9, 7.4, and 8.8
percent. These percentages are matched
to evenly spaced income steps ranging from the medical assistance income limit
for families and children in effect on January 1, 1999, to 275 percent of the
federal poverty guidelines for the applicable family size, up to a family size
of five. The sliding fee scale for a
family of five must be used for families of more than five. The sliding fee scale and percentages are not
subject to the provisions of chapter 14.
If a family or individual reports increased income after enrollment,
premiums shall be adjusted at the time the change in income is reported.
(b) Children in families whose gross
income is above 275 percent of the federal poverty guidelines shall pay the
maximum premium. The maximum premium is
defined as a base charge for one, two, or three or more enrollees so that if
all MinnesotaCare cases paid the maximum premium, the total revenue would equal
the total cost of
MinnesotaCare medical coverage
and administration. In this calculation,
administrative costs shall be assumed to equal ten percent of the total. The costs of medical coverage for pregnant
women and children under age two and the enrollees in these groups shall be
excluded from the total. The maximum
premium for two enrollees shall be twice the maximum premium for one, and the
maximum premium for three or more enrollees shall be three times the maximum
premium for one.
(c) Beginning July 1, 2009 January
1, 2014, MinnesotaCare enrollees shall pay premiums according to the
premium scale specified in paragraph (d) (c) with the exception
that children 20 years of age and younger in families with income at or
below 200 percent of the federal poverty guidelines shall pay no premiums. For purposes of paragraph (d),
"minimum" means a monthly premium of $4.
(d) (c) The following premium
scale is established for individuals and families with gross family incomes
of 275 percent of the federal poverty guidelines or less each individual
in the household who is 21 years of age or older and enrolled in MinnesotaCare:
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Federal Poverty Guideline Greater than or Equal to |
Less than |
Individual Premium Amount |
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0%
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55%
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$4
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55%
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80%
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$6
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80%
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90%
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$8
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90%
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100%
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$10
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100%
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110%
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$12
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110%
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120%
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$15
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120%
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130%
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$18
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130%
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140%
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$21
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140%
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150%
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$25
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150%
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160%
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$29
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160%
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170%
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$33
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170%
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180%
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$38
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180%
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190%
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$43
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190%
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$50
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EFFECTIVE
DATE. This section is
effective January 1, 2014, or upon federal approval, whichever is later. The commissioner of human services shall
notify the revisor of statutes when federal approval is obtained.
Sec. 64. DETERMINATION
OF FUNDING ADEQUACY FOR MINNESOTACARE.
The commissioners of revenue and management and budget, in consultation with the commissioner of human services, shall conduct an assessment of health care taxes, including the gross premiums tax, the provider tax, and Medicaid surcharges, and their relationship to the long-term solvency of the health care access fund, as part of the state revenue and expenditure forecast in November 2013. The commissioners shall determine the amount of state funding that will be required after December 31, 2019, in addition to the federal payments made available under section 1331 of the Affordable Care Act, for the MinnesotaCare program. The commissioners shall evaluate the stability and likelihood of long-term federal funding for the MinnesotaCare program under section 1331. The commissioners shall report the results of this assessment to the chairs and ranking minority members of the legislative committees with jurisdiction over human services, finances, and taxes by January 15, 2014, along with recommendations for changes to state revenue for the health care access fund, if state funding continues to be required beyond December 31, 2019.
Sec. 65. STATE-BASED
RISK ADJUSTMENT SYSTEM ASSESSMENT.
(a) Notwithstanding Minnesota Rules,
chapter 4653, the commissioner of health, as part of the commissioner's
responsibilities under Minnesota Statutes, section 62U.04, subdivision 4,
paragraph (b), shall collect from health carriers in the individual and small
group health insurance market, beginning on January 1, 2014, for service dates
beginning October 1, 2013, through December 31, 2014, all data required for
conducting risk adjustment with standard risk adjusters such as the Adjusted
Clinical Groups or the Hierarchical Condition Category System, including, but
not limited to:
(1) an indicator identifying the health
plan product under which an enrollee is covered;
(2) an indicator identifying whether an
enrollee's policy is an individual or small group market policy;
(3) an indicator identifying, if
applicable, the metal level of an enrollee's health plan product, and whether
the policy is a catastrophic policy; and
(4) additional identified demographic
data necessary to link individuals' data across health carriers and insurance
affordability programs with 95 percent accuracy. The commissioner shall not collect more than
the last four digits of an individual's Social Security number.
(b) The commissioner of health shall
assess the extent to which data collected under paragraph (a) and under
Minnesota Statutes, section 62U.04, subdivision 4, paragraph (a), are
sufficient for developing and operating a state alternative risk adjustment
methodology consistent with applicable federal rules by evaluating:
(1) if the data submitted are
adequately complete, accurate, and timely;
(2) if the data should be further
enriched by nontraditional risk adjusters that help in better explaining
variation in health care costs of a given population and account for risk
selection across metal levels;
(3) whether additional data or
identifiers have the potential to strengthen a Minnesota-based risk adjustment
approach; and
(4) what, if any, changes to the
technical infrastructure will be necessary to effectively perform state-based
risk adjustment.
(c) For purposes of paragraph
(b), the commissioner of health shall have the authority to use identified data
to validate and audit a statistically valid sample of data for each health
carrier in the individual and small group health insurance market.
(d) If the assessment conducted in
paragraph (b) finds that the data collected under Minnesota Statutes, section
62U.04, subdivision 4, are sufficient for developing and operating a state
alternative risk adjustment methodology consistent with applicable federal
rules, the commissioners of health and human services, in consultation with the
commissioner of commerce and the Board of MNsure, shall study whether
Minnesota-based risk adjustment of the individual and small group health
insurance market, using either the federal risk adjustment model or a
state-based alternative, can be more cost-effective and perform better than
risk adjustment conducted by federal agencies.
The study shall assess the policies, infrastructure, and resources
necessary to satisfy the requirements of Code of Federal Regulations, title 45,
section 153, subpart D. The study shall
also evaluate the extent to which Minnesota-based risk adjustment could meet
requirements established in Code of Federal Regulations, title 45, section
153.330, including:
(1) explaining the variation in health
care costs of a given population;
(2) linking risk factors to daily clinical
practices and that which is clinically meaningful to providers;
(3)
encouraging favorable behavior among health care market participants and
discouraging unfavorable behavior;
(4) whether risk adjustment factors are
relatively easy for stakeholders to understand and participate in;
(5) providing stable risk scores over
time and across health plan products;
(6) minimizing administrative costs;
(7) accounting for risk selection
across metal levels;
(8) aligning each of the elements of
the methodology; and
(9)
can be conducted at per-member cost equal to or lower than the projected cost
of the federal risk adjustment model.
(e) In conducting the study described
in paragraph (d), the commissioner of health shall contract with entities that do
not have an economic interest in the outcome of Minnesota-based risk
adjustment, but have demonstrated expertise in actuarial science or health
economics and demonstrated experience with designing and implementing risk
adjustment models. The commissioner of
human services shall evaluate opportunities to maximize federal funding under
section 1331 of the Affordable Care Act.
The commissioner of human services shall make recommendations on risk
adjustment strategies to maximize federal funding to the state of Minnesota.
(f) The commissioner of health shall
submit an interim report to the legislature by March 15, 2014, with preliminary
findings from the assessment conducted in paragraph (b). The interim report shall include legislative
recommendations for any necessary changes to Minnesota Statutes, section 62Q.03. The commissioners of health and human
services shall submit a final report to the legislature by October 1, 2015. The final report must include findings from
the overall assessment conducted under paragraph (e), and a recommendation on
whether to conduct state-based risk adjustment.
(g) The Board of MNsure shall apply for
federal funding under section 1311 or 1321 of the Affordable Care Act, to fund
the work under paragraphs (a), (b), (d), and (e). Federal funding awarded to MNsure for this
purpose is approved and appropriated for this purpose. The commissioners of health and human
services may only proceed with activities under paragraphs (a) to (e) if
funding has been made available for this purpose.
(h) For purposes of this
section, the Board of MNsure means the board established under Minnesota
Statutes, section 62V.03, and the Affordable Care Act has the meaning given in
Minnesota Statutes, section 256B.02, subdivision 17.
Sec. 66. REQUEST
FOR FEDERAL AUTHORITY.
The commissioner of human services
shall seek authority from the federal Centers for Medicare and Medicaid
Services to allow persons under age 65, participating in a home and
community-based services waiver under section 1915(c) of the Social Security
Act, to continue to disregard spousal income and assets, in place of the
spousal impoverishment provisions under the federal Patient Protection and
Affordable Care Act, Public Law 111-148, section 2404, as amended by the federal
Health Care and Education Reconciliation Act of 2010, Public Law 111-152, and
any amendments to, or regulations and guidance issued under, those acts.
Sec. 67. REVISOR'S
INSTRUCTION.
The revisor of statutes shall: (1) remove cross-references to the sections
repealed in this article wherever they appear in Minnesota Statutes and
Minnesota Rules; (2) change the term "Minnesota Insurance
Marketplace" to "MNsure" wherever it appears in this article and
in Minnesota Statutes; and (3) make changes necessary to correct the
punctuation, grammar, or structure of the remaining text and preserve its
meaning.
Sec. 68. REPEALER.
Minnesota Statutes 2012, sections
256L.01, subdivision 4a; 256L.031; 256L.04, subdivisions 1b, 9, and 10a;
256L.05, subdivision 3b; 256L.07, subdivisions 1, 5, 8, and 9; 256L.11,
subdivisions 5 and 6; and 256L.17, subdivisions 1, 2, 3, 4, and 5, are repealed
effective January 1, 2014.
(b) Minnesota Statutes 2012, sections
256B.055, subdivisions 3, 5, and 10b; 256B.056, subdivision 5b; and 256B.057,
subdivisions 1c and 2, are repealed effective January 1, 2014.
ARTICLE 2
CONTINGENT REFORM 2020; REDESIGNING
HOME AND COMMUNITY-BASED SERVICES
Section 1. Minnesota Statutes 2012, section 144.0724, subdivision 4, is amended to read:
Subd. 4. Resident assessment schedule. (a) A facility must conduct and electronically submit to the commissioner of health case mix assessments that conform with the assessment schedule defined by Code of Federal Regulations, title 42, section 483.20, and published by the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services, in the Long Term Care Assessment Instrument User's Manual, version 3.0, and subsequent updates when issued by the Centers for Medicare and Medicaid Services. The commissioner of health may substitute successor manuals or question and answer documents published by the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services, to replace or supplement the current version of the manual or document.
(b) The assessments used to determine a case mix classification for reimbursement include the following:
(1) a new admission assessment must be completed by day 14 following admission;
(2) an annual assessment which must have an assessment reference date (ARD) within 366 days of the ARD of the last comprehensive assessment;
(3) a significant change assessment must be completed within 14 days of the identification of a significant change; and
(4) all quarterly assessments must have an assessment reference date (ARD) within 92 days of the ARD of the previous assessment.
(c) In addition to the assessments listed in paragraph (b), the assessments used to determine nursing facility level of care include the following:
(1) preadmission screening completed under
section 256B.0911, subdivision 4a, by a county, tribe, or managed care
organization under contract with the Department of Human Services 256.975,
subdivision 7a, by the Senior LinkAge Line or other organization under contract
with the Minnesota Board on Aging; and
(2) a nursing facility level of care determination as provided for under section 256B.0911, subdivision 4e, as part of a face-to-face long-term care consultation assessment completed under section 256B.0911, subdivision 3a, 3b, or 4d, by a county, tribe, or managed care organization under contract with the Department of Human Services.
Sec. 2. Minnesota Statutes 2012, section 144A.351, is amended to read:
144A.351
BALANCING LONG-TERM CARE SERVICES AND SUPPORTS:
REPORT AND STUDY REQUIRED.
Subdivision 1. Report requirements. The commissioners of health and human services, with the cooperation of counties and in consultation with stakeholders, including persons who need or are using long-term care services and supports, lead agencies, regional entities, senior, disability, and mental health organization representatives, service providers, and community members shall prepare a report to the legislature by August 15, 2013, and biennially thereafter, regarding the status of the full range of long-term care services and supports for the elderly and children and adults with disabilities and mental illnesses in Minnesota. The report shall address:
(1) demographics and need for long-term care services and supports in Minnesota;
(2) summary
of county and regional reports on long-term care gaps, surpluses, imbalances,
and corrective action plans;
(3) status of long-term care services and related mental health services, housing options, and supports by county and region including:
(i) changes in availability of the range of long-term care services and housing options;
(ii) access problems, including access to the least restrictive and most integrated services and settings, regarding long-term care services; and
(iii) comparative measures of long-term care services availability, including serving people in their home areas near family, and changes over time; and
(4) recommendations regarding goals for the future of long-term care services and supports, policy and fiscal changes, and resource development and transition needs.
Subd. 2. Critical
access study. The
commissioner of human services shall conduct a onetime study to assess local
capacity and availability of home and community-based services for older
adults, people with disabilities, and people with mental illnesses. The study must assess critical access at the
community level and identify potential strategies to build home and
community-based service capacity in critical access areas. The report shall be submitted to the
legislature no later than August 15, 2015.
Sec. 3. Minnesota Statutes 2012, section 148E.065, subdivision 4a, is amended to read:
Subd. 4a. City, county, and state social workers. (a) Beginning July 1, 2016, the licensure of city, county, and state agency social workers is voluntary, except an individual who is newly employed by a city or state agency after July 1, 2016, must be licensed if the individual who provides social work services, as those services are defined in section 148E.010, subdivision 11, paragraph (b), is presented to the public by any title incorporating the words "social work" or "social worker."
(b) City, county, and state agencies employing social workers and staff who are designated to perform mandated duties under sections 256.975, subdivisions 7 to 7c and 256.01, subdivision 24, are not required to employ licensed social workers.
Sec. 4. Minnesota Statutes 2012, section 256.01, subdivision 2, is amended to read:
Subd. 2. Specific
powers. Subject to the provisions of
section 241.021, subdivision 2, the commissioner of human services shall carry
out the specific duties in paragraphs (a) through (cc) (dd):
(a) Administer and supervise all forms of public assistance provided for by state law and other welfare activities or services as are vested in the commissioner. Administration and supervision of human services activities or services includes, but is not limited to, assuring timely and accurate distribution of benefits, completeness of service, and quality program management. In addition to administering and supervising human services activities vested by law in the department, the commissioner shall have the authority to:
(1) require county agency participation in training and technical assistance programs to promote compliance with statutes, rules, federal laws, regulations, and policies governing human services;
(2) monitor, on an ongoing basis, the performance of county agencies in the operation and administration of human services, enforce compliance with statutes, rules, federal laws, regulations, and policies governing welfare services and promote excellence of administration and program operation;
(3) develop a quality control program or other monitoring program to review county performance and accuracy of benefit determinations;
(4) require county agencies to make an adjustment to the public assistance benefits issued to any individual consistent with federal law and regulation and state law and rule and to issue or recover benefits as appropriate;
(5) delay or deny payment of all or part of the state and federal share of benefits and administrative reimbursement according to the procedures set forth in section 256.017;
(6) make contracts with and grants to public and private agencies and organizations, both profit and nonprofit, and individuals, using appropriated funds; and
(7) enter into contractual agreements with federally recognized Indian tribes with a reservation in Minnesota to the extent necessary for the tribe to operate a federally approved family assistance program or any other program under the supervision of the commissioner. The commissioner shall consult with the affected county or counties in the contractual agreement negotiations, if the county or counties wish to be included, in order to avoid the duplication of county and tribal assistance program services. The commissioner may establish necessary accounts for the purposes of receiving and disbursing funds as necessary for the operation of the programs.
(b) Inform county agencies, on a timely basis, of changes in statute, rule, federal law, regulation, and policy necessary to county agency administration of the programs.
(c) Administer and supervise
all child welfare activities; promote the enforcement of laws protecting
disabled, dependent, neglected and delinquent children, and children born to
mothers who were not married to the children's fathers at the times of the
conception nor at the births of the children; license and supervise
child-caring and child-placing agencies and institutions; supervise the care of
children in boarding and foster homes or in private institutions; and generally
perform all functions relating to the field of child welfare now vested in the
State Board of Control.
(d) Administer and supervise all noninstitutional service to disabled persons, including those who are visually impaired, hearing impaired, or physically impaired or otherwise disabled. The commissioner may provide and contract for the care and treatment of qualified indigent children in facilities other than those located and available at state hospitals when it is not feasible to provide the service in state hospitals.
(e) Assist and actively cooperate with other departments, agencies and institutions, local, state, and federal, by performing services in conformity with the purposes of Laws 1939, chapter 431.
(f) Act
as the agent of and cooperate with the federal government in matters of mutual
concern relative to and in conformity with the provisions of Laws 1939, chapter
431, including the administration of any federal funds granted to the state to
aid in the performance of any functions of the commissioner as specified in
Laws 1939, chapter 431, and including the promulgation of rules making
uniformly available medical care benefits to all recipients of public
assistance, at such times as the federal government increases its participation
in assistance expenditures for medical care to recipients of public assistance,
the cost thereof to be borne in the same proportion as are grants of aid to said
recipients.
(g) Establish and maintain any administrative units reasonably necessary for the performance of administrative functions common to all divisions of the department.
(h) Act as designated guardian of both the estate and the person of all the wards of the state of Minnesota, whether by operation of law or by an order of court, without any further act or proceeding whatever, except as to persons committed as developmentally disabled. For children under the guardianship of the commissioner or a tribe in Minnesota recognized by the Secretary of the Interior whose interests would be best served by adoptive placement, the commissioner may contract with a licensed child-placing agency or a Minnesota tribal social services agency to provide adoption services. A contract with a licensed child-placing agency must be designed to supplement existing county efforts and may not replace existing county programs or tribal social services, unless the replacement is agreed to by the county board and the appropriate exclusive bargaining representative, tribal governing body, or the commissioner has evidence that child placements of the county continue to be substantially below that of other counties. Funds encumbered and obligated under an agreement for a specific child shall remain available until the terms of the agreement are fulfilled or the agreement is terminated.
(i) Act as coordinating referral and informational center on requests for service for newly arrived immigrants coming to Minnesota.
(j) The specific enumeration of powers and duties as hereinabove set forth shall in no way be construed to be a limitation upon the general transfer of powers herein contained.
(k) Establish county, regional, or statewide schedules of maximum fees and charges which may be paid by county agencies for medical, dental, surgical, hospital, nursing and nursing home care and medicine and medical supplies under all programs of medical care provided by the state and for congregate living care under the income maintenance programs.
(l) Have the authority to conduct and administer experimental projects to test methods and procedures of administering assistance and services to recipients or potential recipients of public welfare. To carry out such experimental projects, it is further provided that the commissioner of human services is authorized to waive the enforcement of existing specific statutory program requirements, rules, and standards in one or more counties. The
order establishing the waiver shall provide alternative methods and procedures of administration, shall not be in conflict with the basic purposes, coverage, or benefits provided by law, and in no event shall the duration of a project exceed four years. It is further provided that no order establishing an experimental project as authorized by the provisions of this section shall become effective until the following conditions have been met:
(1) the secretary of health and human services of the United States has agreed, for the same project, to waive state plan requirements relative to statewide uniformity; and
(2) a comprehensive plan, including estimated project costs, shall be approved by the Legislative Advisory Commission and filed with the commissioner of administration.
(m) According to federal requirements, establish procedures to be followed by local welfare boards in creating citizen advisory committees, including procedures for selection of committee members.
(n) Allocate federal fiscal disallowances or sanctions which are based on quality control error rates for the aid to families with dependent children program formerly codified in sections 256.72 to 256.87, medical assistance, or food stamp program in the following manner:
(1) one-half of the total amount of the disallowance shall be borne by the county boards responsible for administering the programs. For the medical assistance and the AFDC program formerly codified in sections 256.72 to 256.87, disallowances shall be shared by each county board in the same proportion as that county's expenditures for the sanctioned program are to the total of all counties' expenditures for the AFDC program formerly codified in sections 256.72 to 256.87, and medical assistance programs. For the food stamp program, sanctions shall be shared by each county board, with 50 percent of the sanction being distributed to each county in the same proportion as that county's administrative costs for food stamps are to the total of all food stamp administrative costs for all counties, and 50 percent of the sanctions being distributed to each county in the same proportion as that county's value of food stamp benefits issued are to the total of all benefits issued for all counties. Each county shall pay its share of the disallowance to the state of Minnesota. When a county fails to pay the amount due hereunder, the commissioner may deduct the amount from reimbursement otherwise due the county, or the attorney general, upon the request of the commissioner, may institute civil action to recover the amount due; and
(2) notwithstanding the provisions of clause (1), if the disallowance results from knowing noncompliance by one or more counties with a specific program instruction, and that knowing noncompliance is a matter of official county board record, the commissioner may require payment or recover from the county or counties, in the manner prescribed in clause (1), an amount equal to the portion of the total disallowance which resulted from the noncompliance, and may distribute the balance of the disallowance according to clause (1).
(o) Develop and implement special projects that maximize reimbursements and result in the recovery of money to the state. For the purpose of recovering state money, the commissioner may enter into contracts with third parties. Any recoveries that result from projects or contracts entered into under this paragraph shall be deposited in the state treasury and credited to a special account until the balance in the account reaches $1,000,000. When the balance in the account exceeds $1,000,000, the excess shall be transferred and credited to the general fund. All money in the account is appropriated to the commissioner for the purposes of this paragraph.
(p) Have the authority to make direct payments to facilities providing shelter to women and their children according to section 256D.05, subdivision 3. Upon the written request of a shelter facility that has been denied payments under section 256D.05, subdivision 3, the commissioner shall review all relevant evidence and make a determination within 30 days of the request for review regarding issuance of direct payments to the shelter facility. Failure to act within 30 days shall be considered a determination not to issue direct payments.
(q) Have the authority to establish and enforce the following county reporting requirements:
(1) the commissioner shall establish fiscal and statistical reporting requirements necessary to account for the expenditure of funds allocated to counties for human services programs. When establishing financial and statistical reporting requirements, the commissioner shall evaluate all reports, in consultation with the counties, to determine if the reports can be simplified or the number of reports can be reduced;
(2) the county board shall submit monthly or quarterly reports to the department as required by the commissioner. Monthly reports are due no later than 15 working days after the end of the month. Quarterly reports are due no later than 30 calendar days after the end of the quarter, unless the commissioner determines that the deadline must be shortened to 20 calendar days to avoid jeopardizing compliance with federal deadlines or risking a loss of federal funding. Only reports that are complete, legible, and in the required format shall be accepted by the commissioner;
(3) if the required reports are not received by the deadlines established in clause (2), the commissioner may delay payments and withhold funds from the county board until the next reporting period. When the report is needed to account for the use of federal funds and the late report results in a reduction in federal funding, the commissioner shall withhold from the county boards with late reports an amount equal to the reduction in federal funding until full federal funding is received;
(4) a county board that submits reports that are late, illegible, incomplete, or not in the required format for two out of three consecutive reporting periods is considered noncompliant. When a county board is found to be noncompliant, the commissioner shall notify the county board of the reason the county board is considered noncompliant and request that the county board develop a corrective action plan stating how the county board plans to correct the problem. The corrective action plan must be submitted to the commissioner within 45 days after the date the county board received notice of noncompliance;
(5) the final deadline for fiscal reports or amendments to fiscal reports is one year after the date the report was originally due. If the commissioner does not receive a report by the final deadline, the county board forfeits the funding associated with the report for that reporting period and the county board must repay any funds associated with the report received for that reporting period;
(6) the commissioner may not delay payments, withhold funds, or require repayment under clause (3) or (5) if the county demonstrates that the commissioner failed to provide appropriate forms, guidelines, and technical assistance to enable the county to comply with the requirements. If the county board disagrees with an action taken by the commissioner under clause (3) or (5), the county board may appeal the action according to sections 14.57 to 14.69; and
(7) counties subject to withholding of funds under clause (3) or forfeiture or repayment of funds under clause (5) shall not reduce or withhold benefits or services to clients to cover costs incurred due to actions taken by the commissioner under clause (3) or (5).
(r) Allocate federal fiscal disallowances or sanctions for audit exceptions when federal fiscal disallowances or sanctions are based on a statewide random sample in direct proportion to each county's claim for that period.
(s) Be
responsible for ensuring the detection, prevention, investigation, and resolution
of fraudulent activities or behavior by applicants, recipients, and other
participants in the human services programs administered by the department.
(t) Require county agencies to identify overpayments, establish claims, and utilize all available and cost-beneficial methodologies to collect and recover these overpayments in the human services programs administered by the department.
(u) Have the authority to administer a drug rebate program for drugs purchased pursuant to the prescription drug program established under section 256.955 after the beneficiary's satisfaction of any deductible established in the program. The commissioner shall require a rebate agreement from all manufacturers of covered drugs as defined in section 256B.0625, subdivision 13. Rebate agreements for prescription drugs delivered on or after July 1, 2002, must include rebates for individuals covered under the prescription drug program who are under 65 years of age. For each drug, the amount of the rebate shall be equal to the rebate as defined for purposes of the federal rebate program in United States Code, title 42, section 1396r-8. The manufacturers must provide full payment within 30 days of receipt of the state invoice for the rebate within the terms and conditions used for the federal rebate program established pursuant to section 1927 of title XIX of the Social Security Act. The manufacturers must provide the commissioner with any information necessary to verify the rebate determined per drug. The rebate program shall utilize the terms and conditions used for the federal rebate program established pursuant to section 1927 of title XIX of the Social Security Act.
(v) Have the authority to administer the federal drug rebate program for drugs purchased under the medical assistance program as allowed by section 1927 of title XIX of the Social Security Act and according to the terms and conditions of section 1927. Rebates shall be collected for all drugs that have been dispensed or administered in an outpatient setting and that are from manufacturers who have signed a rebate agreement with the United States Department of Health and Human Services.
(w) Have the authority to administer a supplemental drug rebate program for drugs purchased under the medical assistance program. The commissioner may enter into supplemental rebate contracts with pharmaceutical manufacturers and may require prior authorization for drugs that are from manufacturers that have not signed a supplemental rebate contract. Prior authorization of drugs shall be subject to the provisions of section 256B.0625, subdivision 13.
(x) Operate the department's communication systems account established in Laws 1993, First Special Session chapter 1, article 1, section 2, subdivision 2, to manage shared communication costs necessary for the operation of the programs the commissioner supervises. A communications account may also be established for each regional treatment center which operates communications systems. Each account must be used to manage shared communication costs necessary for the operations of the programs the commissioner supervises. The commissioner may distribute the costs of operating and maintaining communication systems to participants in a manner that reflects actual usage. Costs may include acquisition, licensing, insurance, maintenance, repair, staff time and other costs as determined by the commissioner. Nonprofit organizations and state, county, and local government agencies involved in the operation of programs the commissioner supervises may participate in the use of the department's communications technology and share in the cost of operation. The commissioner may accept on behalf of the state any gift, bequest, devise or personal property of any kind, or money tendered to the state for any lawful purpose pertaining to the communication activities of the department. Any money received for this purpose must be deposited in the department's communication systems accounts. Money collected by the commissioner for the use of communication systems must be deposited in the state communication systems account and is appropriated to the commissioner for purposes of this section.
(y) Receive any federal matching money that is made available through the medical assistance program for the consumer satisfaction survey. Any federal money received for the survey is appropriated to the commissioner for this purpose. The commissioner may expend the federal money received for the consumer satisfaction survey in either year of the biennium.
(z)
Designate community information and referral call centers and incorporate cost
reimbursement claims from the designated community information and referral
call centers into the federal cost reimbursement claiming processes of the
department according to federal law, rule, and regulations. Existing information and referral centers
provided by Greater Twin Cities United Way or existing call centers for which
Greater Twin Cities United Way has legal authority to represent, shall be
included in these designations upon review by the commissioner and assurance
that these services are accredited and in compliance
with national standards. Any
reimbursement is appropriated to the commissioner and all designated
information and referral centers shall receive payments according to normal
department schedules established by the commissioner upon final approval of
allocation methodologies from the United States Department of Health and Human
Services Division of Cost Allocation or other appropriate authorities.
(aa) Develop recommended standards for foster care homes that address the components of specialized therapeutic services to be provided by foster care homes with those services.
(bb) Authorize the method of payment to or from the department as part of the human services programs administered by the department. This authorization includes the receipt or disbursement of funds held by the department in a fiduciary capacity as part of the human services programs administered by the department.
(cc)
Have the authority to administer a drug rebate program for drugs purchased for
persons eligible for general assistance medical care under section 256D.03,
subdivision 3. For manufacturers that
agree to participate in the general assistance medical care rebate program, the
commissioner shall enter into a rebate agreement for covered drugs as defined
in section 256B.0625, subdivisions 13 and 13d.
For each drug, the amount of the rebate shall be equal to the rebate as
defined for purposes of the federal rebate program in United States Code, title
42, section 1396r-8. The manufacturers
must provide payment within the terms and conditions used for the federal
rebate program established under section 1927 of title XIX of the Social
Security Act. The rebate program shall
utilize the terms and conditions used for the federal rebate program
established under section 1927 of title XIX of the Social Security Act.
Effective January 1, 2006, drug coverage under general assistance medical care shall be limited to those prescription drugs that:
(1) are
covered under the medical assistance program as described in section 256B.0625,
subdivisions 13 and 13d; and
(2) are provided by manufacturers that have fully executed general assistance medical care rebate agreements with the commissioner and comply with such agreements. Prescription drug coverage under general assistance medical care shall conform to coverage under the medical assistance program according to section 256B.0625, subdivisions 13 to 13g.
The rebate revenues collected under the drug rebate program are deposited in the general fund.
(dd) Designate the agencies that
operate the Senior LinkAge Line under section 256.975, subdivision 7, and the
Disability Linkage Line under subdivision 24 as the state of Minnesota Aging
and the Disability Resource Centers under United States Code, title 42, section
3001, the Older Americans Act Amendments of 2006, and incorporate cost
reimbursement claims from the designated centers into the federal cost
reimbursement claiming processes of the department according to federal law,
rule, and regulations. Any reimbursement
must be appropriated to the commissioner and treated consistent with section
256.011. All Aging and Disability
Resource Center designated agencies shall receive payments of grant funding
that supports the activity and generates the federal financial participation
according to Board on Aging administrative granting mechanisms.
Sec. 5. Minnesota Statutes 2012, section 256.01, subdivision 24, is amended to read:
Subd. 24. Disability
Linkage Line. The commissioner shall
establish the Disability Linkage Line, to which shall serve people
with disabilities as the designated Aging and Disability Resource Center under
United States Code, title 42, section 3001, the Older Americans Act Amendments
of 2006, in partnership with the Senior LinkAge Line and shall serve as
Minnesota's neutral access point for statewide disability information and
assistance and must be available during business hours through a statewide
toll-free number and the Internet.
The Disability Linkage Line shall:
(1) deliver information and assistance based on national and state standards;
(2) provide information about state and federal eligibility requirements, benefits, and service options;
(3) provide benefits and options counseling;
(4) make referrals to appropriate support entities;
(5) educate people on their options so they can make well-informed choices and link them to quality profiles;
(6) help support the timely resolution of service access and benefit issues;
(7) inform people of their long-term community services and supports;
(8) provide necessary resources and supports that can lead to employment and increased economic stability of people with disabilities; and
(9)
serve as the technical assistance and help center for the Web-based tool,
Minnesota's Disability Benefits 101.org.
Sec. 6. Minnesota Statutes 2012, section 256.975, subdivision 7, is amended to read:
Subd. 7. Consumer
information and assistance and long-term care options counseling; Senior
LinkAge Line. (a) The Minnesota Board on Aging shall
operate a statewide service to aid older Minnesotans and their families in
making informed choices about long-term care options and health care benefits. Language services to persons with limited English
language skills may be made available. The
service, known as Senior LinkAge Line, shall serve older adults as the
designated Aging and Disability Resource Center under United States Code, title
42, section 3001, the Older Americans Act Amendments of 2006 in partnership
with the Disability LinkAge Line under section 256.01, subdivision 24, and
must be available during business hours through a statewide toll-free number
and must also be available through the Internet. The Minnesota Board on Aging shall consult
with, and when appropriate work through, the area agencies on aging counties,
and other entities that serve aging and disabled populations of all ages, to
provide and maintain the telephone infrastructure and related support for the
Aging and Disability Resource Center partners which agree by memorandum to
access the infrastructure, including the designated providers of the Senior
LinkAge Line and the Disability Linkage Line.
(b) The service must provide long-term care options counseling by assisting older adults, caregivers, and providers in accessing information and options counseling about choices in long-term care services that are purchased through private providers or available through public options. The service must:
(1) develop and provide for regular updating of a comprehensive database that includes detailed listings in both consumer- and provider-oriented formats that can provide search results down to the neighborhood level;
(2) make the database accessible on the Internet and through other telecommunication and media-related tools;
(3) link callers to interactive long-term care screening tools and make these tools available through the Internet by integrating the tools with the database;
(4) develop community education materials with a focus on planning for long-term care and evaluating independent living, housing, and service options;
(5) conduct an outreach campaign to assist older adults and their caregivers in finding information on the Internet and through other means of communication;
(6) implement a messaging system for overflow callers and respond to these callers by the next business day;
(7) link callers with county human services and other providers to receive more in-depth assistance and consultation related to long-term care options;
(8) link callers with quality profiles for
nursing facilities and other home and community-based services providers
developed by the commissioner commissioners of health and
human services;
(9) develop an outreach plan to seniors
and their caregivers with a particular focus on establishing a clear presence
in places that seniors recognize and:
(i) place a significant emphasis on
improved outreach and service to seniors and their caregivers by establishing
annual plans by neighborhood, city, and county, as necessary, to address the
unique needs of geographic areas in the state where there are dense populations
of seniors;
(ii) establish an efficient workforce management approach and assign community living specialist staff and volunteers to geographic areas as well as aging and disability resource center sites so that seniors and their caregivers and professionals recognize the Senior LinkAge Line as the place to call for aging services and information;
(iii) recognize the size and complexity
of the metropolitan area service system by working with metropolitan counties
to establish a clear partnership with them, including seeking county advice on
the establishment of local aging and disabilities resource center sites; and
(iv) maintain dashboards with metrics
that demonstrate how the service is expanding and extending or enhancing its
outreach efforts in dispersed or hard to reach locations in varied population
centers;
(9) (10) incorporate
information about the availability of housing options, as well as registered
housing with services and consumer rights within the MinnesotaHelp.info network
long-term care database to facilitate consumer comparison of services and costs
among housing with services establishments and with other in-home services and
to support financial self-sufficiency as long as possible. Housing with services establishments and
their arranged home care providers shall provide information that will
facilitate price comparisons, including delineation of charges for rent and for
services available. The commissioners of
health and human services shall align the data elements required by section
144G.06, the Uniform Consumer Information Guide, and this section to provide
consumers standardized information and ease of comparison of long-term care
options. The commissioner of human
services shall provide the data to the Minnesota Board on Aging for inclusion
in the MinnesotaHelp.info network long-term care database;
(10) (11) provide long-term
care options counseling. Long-term care
options counselors shall:
(i) for individuals not eligible for case management under a public program or public funding source, provide interactive decision support under which consumers, family members, or other helpers are supported in their deliberations to determine appropriate long-term care choices in the context of the consumer's needs, preferences, values, and individual circumstances, including implementing a community support plan;
(ii) provide Web-based educational information and collateral written materials to familiarize consumers, family members, or other helpers with the long-term care basics, issues to be considered, and the range of options available in the community;
(iii) provide long-term care futures planning, which means providing assistance to individuals who anticipate having long-term care needs to develop a plan for the more distant future; and
(iv) provide expertise in benefits and financing options for long-term care, including Medicare, long-term care insurance, tax or employer-based incentives, reverse mortgages, private pay options, and ways to access low or no-cost services or benefits through volunteer-based or charitable programs;
(11) (12) using risk management and support
planning protocols, provide long-term care options counseling to current
residents of nursing homes deemed appropriate for discharge by the commissioner
and older adults who request service after consultation with the Senior
LinkAge Line under clause (12). In
order to meet this requirement, The Senior LinkAge Line shall also
receive referrals from the residents or staff of nursing homes. The Senior LinkAge Line shall identify and
contact residents deemed appropriate for discharge by developing targeting
criteria in consultation with the commissioner who shall provide
designated Senior LinkAge Line contact centers with a list of nursing home
residents that meet the criteria as being appropriate for discharge
planning via a secure Web portal. Senior
LinkAge Line shall provide these residents, if they indicate a preference to
receive long-term care options counseling, with initial assessment, review
of risk factors, independent living support consultation, or and, if
appropriate, a referral to:
(i) long-term care consultation services under section 256B.0911;
(ii) designated care coordinators of contracted entities under section 256B.035 for persons who are enrolled in a managed care plan; or
(iii) the long-term care consultation team
for those who are appropriate eligible for relocation service
coordination due to high-risk factors or psychological or physical disability;
and
(12) (13) develop referral
protocols and processes that will assist certified health care homes and
hospitals to identify at-risk older adults and determine when to refer these
individuals to the Senior LinkAge Line for long-term care options counseling
under this section. The commissioner is
directed to work with the commissioner of health to develop protocols that
would comply with the health care home designation criteria and protocols
available at the time of hospital discharge.
The commissioner shall keep a record of the number of people who choose
long-term care options counseling as a result of this section.
Sec. 7. Minnesota Statutes 2012, section 256.975, is amended by adding a subdivision to read:
Subd. 7a. Preadmission
screening activities related to nursing facility admissions. (a) All individuals seeking admission
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
7b, paragraphs (a) and (b). The purpose
of the screening is to determine the need for nursing facility level of care as
described in section 256B.0911, subdivision 4e, 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 7b, paragraphs (a) and (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.
(c) The following criteria apply to the
preadmission screening:
(1) requests for preadmission
screenings must be submitted via an online form developed by the commissioner;
(2) the Senior LinkAge Line 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
(3) 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.
(d) 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).
(e) In assessing a person's needs, the
screener shall:
(1) use an automated system designated
by the commissioner;
(2) consult with care transitions
coordinators or physician; and
(3) consider the assessment of the
individual's physician.
Other personnel may be included in the
level of care determination as deemed necessary by the screener.
EFFECTIVE
DATE. This section is
effective October 1, 2013.
Sec. 8. Minnesota Statutes 2012, section 256.975, is amended by adding a subdivision to read:
Subd. 7b. Exemptions
and emergency admissions. (a)
Exemptions from the federal screening requirements outlined in subdivision 7a,
paragraphs (b) and (c), are limited to:
(1) a person who, having entered an
acute care facility from a certified nursing facility, is returning to a
certified nursing facility; or
(2) a person transferring from one
certified nursing facility in Minnesota to another certified nursing facility
in Minnesota.
(b) Persons who are exempt from
preadmission screening for purposes of level of care determination include:
(1) persons described in paragraph (a);
(2) an individual who has a contractual
right to have nursing facility care paid for indefinitely by the Veterans'
Administration;
(3) an individual enrolled in a
demonstration project under section 256B.69, subdivision 8, at the time of
application to a nursing facility; and
(4) an individual currently being
served under the alternative care program or under a home and community-based
services waiver authorized under section 1915(c) of the federal Social Security
Act.
(c) Persons admitted to a
Medicaid-certified nursing facility from the community on an emergency basis as
described in paragraph (d) or from an acute care facility on a nonworking day
must be screened the first working day after admission.
(d) Emergency admission to a nursing
facility prior to screening is permitted when all of the following conditions
are met:
(1) a person is admitted from the community
to a certified nursing or certified boarding care facility during Senior
LinkAge Line nonworking hours;
(2) a physician has determined that
delaying admission until preadmission screening is completed would adversely
affect the person's health and safety;
(3) there is a recent precipitating
event that precludes the client from living safely in the community, such as
sustaining an injury, sudden onset of acute illness, or a caregiver's inability
to continue to provide care;
(4) the attending physician has
authorized the emergency placement and has documented the reason that the
emergency placement is recommended; and
(5) the Senior LinkAge Line is
contacted on the first working day following the emergency admission.
Transfer of a patient from an acute
care hospital to a nursing facility is not considered an emergency except for a
person who has received hospital services in the following situations: hospital admission for observation, care in
an emergency room without hospital admission, or following hospital 24-hour bed
care and from whom admission is being sought on a nonworking day.
(e) A nursing facility must provide
written information to all persons admitted regarding the person's right to
request and receive long-term care consultation services as defined in section
256B.0911, subdivision 1a. The
information must be provided prior to the person's discharge from the facility
and in a format specified by the commissioner.
EFFECTIVE
DATE. This section is
effective October 1, 2013.
Sec. 9. Minnesota Statutes 2012, section 256.975, is amended by adding a subdivision to read:
Subd. 7c. Screening
requirements. (a) A person
may be screened for nursing facility admission by telephone or in a
face-to-face screening interview. The
Senior LinkAge Line shall identify each individual's needs using the following
categories:
(1) the person needs no face-to-face
long-term care consultation assessment completed under section 256B.0911,
subdivision 3a, 3b, or 4d, by a county, tribe, or managed care organization
under contract with the Department of Human Services 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 long-term care consultation assessment completed under section
256B.0911, subdivision 3a, 3b, or 4d, by a county, tribe, or managed care
organization under contract with the Department of Human Services to determine
the need for nursing facility level of care and complete activities required
under subdivision 7a; or
(3) the person may be exempt from
screening requirements as outlined in subdivision 7b, but will need
transitional assistance after admission or in-person follow-along after a
return home.
(b) Individuals under 65 years
of age who are admitted to nursing facilities with only a telephone screening
must receive a face-to-face assessment from the long-term care consultation
team member of the county in which the facility is located or from the
recipient's county case manager within 40 calendar days of admission as
described in section 256B.0911, subdivision 4d, paragraph (c).
(c) Persons admitted on a nonemergency
basis to a Medicaid-certified nursing facility must be screened prior to
admission.
(d) Screenings provided by the Senior
LinkAge Line must include processes to identify persons who may require
transition assistance described in subdivision 7, paragraph (b), clause (12),
and section 256B.0911, subdivision 3b.
EFFECTIVE
DATE. This section is
effective October 1, 2013.
Sec. 10. Minnesota Statutes 2012, section 256.975, is amended by adding a subdivision to read:
Subd. 7d. Payment
for preadmission screening. Funding
for preadmission screening shall be provided to the Minnesota Board on Aging by
the Department of Human Services to cover screener salaries and expenses to
provide the services described in subdivisions 7a to 7c. The Minnesota Board on Aging shall employ, or
contract with other agencies to employ, within the limits of available funding,
sufficient personnel to provide preadmission screening and level of care
determination services and shall seek to maximize federal funding for the
service as provided under section 256.01, subdivision 2, paragraph (dd).
EFFECTIVE
DATE. This section is effective
October 1, 2013.
Sec. 11. Minnesota Statutes 2012, section 256.9754, is amended by adding a subdivision to read:
Subd. 3a. Priority
for other grants. The
commissioner of health shall give priority to a grantee selected under
subdivision 3 when awarding technology-related grants, if the grantee is using
technology as part of the proposal unless that priority conflicts with existing
state or federal guidance related to grant awards by the Department of Health. The commissioner of transportation shall give
priority to a grantee under subdivision 3 when distributing
transportation-related funds to create transportation options for older adults
unless that preference conflicts with existing state or federal guidance
related to grant awards by the Department of Transportation.
Sec. 12. Minnesota Statutes 2012, section 256.9754, is amended by adding a subdivision to read:
Subd. 3b. State
waivers. The commissioner of
health may waive applicable state laws and rules on a time-limited basis if the
commissioner of health determines that a participating grantee requires a
waiver in order to achieve demonstration project goals.
Sec. 13. Minnesota Statutes 2012, section 256.9754, subdivision 5, is amended to read:
Subd. 5. Grant preference. The commissioner of human services shall give preference when awarding grants under this section to areas where nursing facility closures have occurred or are occurring or areas with service needs identified by section 144A.351. The commissioner may award grants to the extent grant funds are available and to the extent applications are approved by the commissioner. Denial of approval of an application in one year does not preclude submission of an application in a subsequent year. The maximum grant amount is limited to $750,000.
Sec. 14. Minnesota Statutes 2012, section 256B.021, is amended by adding a subdivision to read:
Subd. 4a. Evaluation. The commissioner shall evaluate the
projects contained in subdivision 4, paragraphs (f), clauses (2) and (12), and
(h). The evaluation must include:
(1) an impact assessment
focusing on program outcomes, especially those experienced directly by the
person receiving services;
(2) study samples drawn from the
population of interest for each project; and
(3) a time series analysis to examine
aggregate trends in average monthly utilization, expenditures, and other
outcomes in the targeted populations before and after implementation of the
initiatives.
Sec. 15. Minnesota Statutes 2012, section 256B.021, is amended by adding a subdivision to read:
Subd. 6. Work,
empower, and encourage independence.
As provided under subdivision 4, paragraph (e), upon federal
approval, the commissioner shall establish a demonstration project to provide
navigation, employment supports, and benefits planning services to a targeted
group of federally funded Medicaid recipients to begin July 1, 2014. This demonstration shall promote economic
stability, increase independence, and reduce applications for disability
benefits while providing a positive impact on the health and future of
participants.
Sec. 16. Minnesota Statutes 2012, section 256B.021, is amended by adding a subdivision to read:
Subd. 7. Housing
stabilization. As provided
under subdivision 4, paragraph (e), upon federal approval, the commissioner
shall establish a demonstration project to provide service coordination,
outreach, in-reach, tenancy support, and community living assistance to a
targeted group of federally funded Medicaid recipients to begin January 1, 2014. This demonstration shall promote housing
stability, reduce costly medical interventions, and increase opportunities for
independent community living.
Sec. 17. Minnesota Statutes 2012, 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 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 institutional placements and to provide access to transition assistance after admission. Further, the goal of these services is to contain costs associated with unnecessary 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 subdivision 4d,
section 256.975, subdivision subdivisions 7 to 7c, and
section 256.01, subdivision 24. The lead
agency 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. 18. Minnesota Statutes 2012, 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 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;
(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 activities described under subdivisions 4a and 4b;
(7) (6) 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) 4e,
based on assessment and community support plan development, appropriate
referrals to obtain necessary diagnostic information, and including an
eligibility determination for consumer-directed community supports;
(8) (7) providing
recommendations for institutional placement when there are no cost-effective
community services available;
(9) (8) providing access to
assistance to transition people back to community settings after institutional
admission; and
(10) (9) 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
(4) obtaining necessary diagnostic information to determine eligibility under clauses (2) and (3).
(c) "Long-term care options counseling" means the services provided by the linkage lines as mandated by sections 256.01, subdivision 24, and 256.975, subdivision 7, and also includes telephone assistance and follow up once a long-term care consultation assessment has been completed.
(d) "Minnesota health care programs" means the medical assistance program under chapter 256B and the alternative care program under section 256B.0913.
(e) "Lead agencies" means counties administering or tribes and health plans under contract with the commissioner to administer long-term care consultation assessment and support planning services.
Sec. 19. Minnesota Statutes 2012, 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 20 calendar days after the date on which an assessment was requested or recommended. 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. 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 lead agency may utilize a team of either the social worker or public health nurse, or both. Upon implementation of subdivisions 2b, 2c, and 5, lead agencies shall use certified assessors to conduct the 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, 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. For persons who are to be assessed for elderly waiver customized living services under section 256B.0915, with the permission of the person being assessed or the person's designated or legal representative, the client's current or proposed provider of services may submit a copy of the provider's nursing assessment or written report outlining its recommendations regarding the client's care needs. The person conducting the assessment will notify the provider of the date by which this information is to be submitted. This information shall be provided to the person conducting the assessment prior to the assessment.
(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 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 section
256.975, subdivision 4a, paragraph (c) 7a, paragraph (d).
(h) The 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 conducted by long-term care options counselors according to section 256.975, subdivisions 7a to 7c, if the person selects nursing facility placement. If the individual selects nursing facility placement, the lead agency shall forward information needed to complete the level of care determinations and screening for developmental disability and mental illness collected during the assessment to the long-term care options counselor using forms provided by the commissioner;
(4) the role of long-term care consultation assessment and support planning in 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);
(5) information about Minnesota health care programs;
(6) the person's freedom to accept or reject the recommendations of the team;
(7) the person's right to confidentiality under the Minnesota Government Data Practices Act, chapter 13;
(8) the
certified assessor's decision regarding the person's need for institutional
level of care as determined under criteria established in section 256B.0911,
subdivision 4a, paragraph (d) 4e, 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
(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 institutional level of care or the 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 brain injury waiver programs under sections 256B.0913, 256B.0915, 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 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 eligibility for programs included in paragraph (i) cannot be prior to the date the most recent updated assessment is completed.
Sec. 20. Minnesota Statutes 2012, section 256B.0911, subdivision 4d, is amended to read:
Subd. 4d. Preadmission screening of individuals under 65 years of age. (a) It is the policy of the state of Minnesota to ensure that individuals with disabilities or chronic illness are served in the most integrated setting appropriate to their needs and have the necessary information to make informed choices about home and community-based service options.
(b) Individuals under 65 years of age who are
admitted to a Medicaid-certified nursing facility from a hospital
must be screened prior to admission as outlined in subdivisions 4a through
4c according to the requirements outlined in section 256.975,
subdivisions 7a to 7c. This shall be
provided by the Senior LinkAge Line as required under section 256.975,
subdivision 7.
(c) Individuals under 65 years of age who are admitted to nursing facilities with only a telephone screening must receive a face-to-face assessment from the long-term care consultation team member of the county in which the facility is located or from the recipient's county case manager within 40 calendar days of admission.
(d) Individuals under 65 years of age who
are admitted to a nursing facility without preadmission screening according to
the exemption described in subdivision 4b, paragraph (a), clause (3), and who
remain in the facility longer than 30 days must receive a face-to-face assessment
within 40 days of admission.
(e) (d) At the face-to-face
assessment, the long-term care consultation team member or county case manager
must perform the activities required under subdivision 3b.
(f) (e) For individuals under
21 years of age, a screening interview which recommends nursing facility
admission must be face-to-face and approved by the commissioner before the
individual is admitted to the nursing facility.
(g) (f) In the event that an
individual under 65 years of age is admitted to a nursing facility on an
emergency basis, the county Senior LinkAge Line must be notified
of the admission on the next working day, and a face-to-face assessment as
described in paragraph (c) must be conducted within 40 calendar days of
admission.
(h) (g) At the face-to-face
assessment, the long-term care consultation team member or the case manager
must present information about home and community-based options, including
consumer-directed options, so the individual can make informed choices. If the individual chooses home and
community-based services, the long-term care consultation team member or case
manager must complete a written relocation plan within 20 working days of the
visit. The plan shall describe the
services needed to move out of the facility and a time line for the move which
is designed to ensure a smooth transition to the individual's home and
community.
(i) (h) An individual under 65 years of age residing in a nursing facility shall receive a face-to-face assessment at least every 12 months to review the person's service choices and available alternatives unless the individual indicates, in writing, that annual visits are not desired. In this case, the individual must receive a face-to-face assessment at least once every 36 months for the same purposes.
(j) (i) Notwithstanding the
provisions of subdivision 6, the commissioner may pay county agencies directly
for face-to-face assessments for individuals under 65 years of age who are
being considered for placement or residing in a nursing facility.
(j) Funding for preadmission screening
follow-up shall be provided to the Disability Linkage Line for the under 60
population by the Department of Human Services to cover options counseling
salaries and expenses to provide the services described in subdivisions 7a to
7c. The Disability Linkage Line shall
employ, or contract with other agencies to employ, within the limits of
available funding, sufficient personnel to provide preadmission screening
follow-up services and shall seek to maximize federal funding for the service
as provided under section 256.01, subdivision 2, paragraph (dd).
EFFECTIVE
DATE. This section is
effective October 1, 2013.
Sec. 21. Minnesota Statutes 2012, section 256B.0911, is amended by adding a subdivision to read:
Subd. 4e. Determination
of institutional level of care. The
determination of the need for nursing facility, hospital, and intermediate care
facility levels of care must be made according to criteria developed by the
commissioner, and in section 256B.092, using forms developed by the
commissioner. Effective January 1, 2014,
for individuals age 21 and older, the determination of need for nursing
facility level of care shall be based on criteria in section 144.0724,
subdivision 11. For individuals under age
21, the determination of the need for nursing facility level of care must be
made according to criteria developed by the commissioner until criteria in
section 144.0724, subdivision 11, becomes effective on or after October 1,
2019.
Sec. 22. Minnesota Statutes 2012, section 256B.0911, subdivision 6, is amended to read:
Subd. 6.
Payment for long-term care
consultation services. (a) Until
September 30, 2013, payment for long-term care consultation face-to-face
assessment shall be made as described in this subdivision.
(b) 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) (c) The commissioner shall
include the total annual payment determined under paragraph (a) for each
nursing facility reimbursed under section 256B.431, 256B.434, or 256B.441.
(c) (d) 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) (c) and may adjust the monthly
payment amount in paragraph (a) (b). 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) (e) 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 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) (f) Notwithstanding
section 256B.0641, overpayments attributable to payment of the screening costs
under the medical assistance program may not be recovered from a facility.
(f) (g) The commissioner of
human services shall amend the Minnesota medical assistance plan to include
reimbursement for the local consultation teams.
(g) (h) Until the alternative
payment methodology in paragraph (h) (i) 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) (i) The commissioner
shall develop an alternative payment methodology, effective on October 1,
2013, for long-term care consultation services that includes the funding
available under this subdivision, and for assessments authorized under
sections 256B.092 and 256B.0659. In
developing the new payment methodology, the commissioner shall consider the
maximization of other funding sources, including federal administrative
reimbursement through federal financial participation funding, for all
long-term care consultation and preadmission screening activity. The alternative payment methodology shall
include the use of the appropriate time studies and the state financing of
nonfederal share as part of the state's medical assistance program.
Sec. 23. Minnesota Statutes 2012, section 256B.0911, subdivision 7, is amended to read:
Subd. 7. Reimbursement for certified nursing facilities. (a) Medical assistance reimbursement for nursing facilities shall be authorized for a medical assistance recipient only if a preadmission screening has been conducted prior to admission or the county has authorized an exemption. Medical assistance reimbursement for nursing facilities shall not be provided for any recipient who the local screener has determined does not meet the level of care criteria for nursing facility placement in section 144.0724, subdivision 11, or, if indicated, has not had a level II OBRA evaluation as required under the federal Omnibus Budget Reconciliation Act of 1987 completed unless an admission for a recipient with mental illness is approved by the local mental health authority or an admission for a recipient with developmental disability is approved by the state developmental disability authority.
(b) The nursing facility must not bill a
person who is not a medical assistance recipient for resident days that
preceded the date of completion of screening activities as required under section
256.975, subdivisions 4a, 4b, and 4c 7a to 7c. The nursing facility must include
unreimbursed resident days in the nursing facility resident day totals reported
to the commissioner.
Sec. 24. Minnesota Statutes 2012, section 256B.0913, subdivision 4, is amended to read:
Subd. 4. Eligibility for funding for services for nonmedical assistance recipients. (a) Funding for services under the alternative care program is available to persons who meet the following criteria:
(1) the person has been determined by a
community assessment under section 256B.0911 to be a person who would require
the level of care provided in a nursing facility, as determined under section
256B.0911, subdivision 4a, paragraph (d) 4e, but for the
provision of services under the alternative care program;
(2) the person is age 65 or older;
(3) the person would be eligible for medical assistance within 135 days of admission to a nursing facility;
(4) the person is not ineligible for the payment of long-term care services by the medical assistance program due to an asset transfer penalty under section 256B.0595 or equity interest in the home exceeding $500,000 as stated in section 256B.056;
(5) the person needs long-term care services that are not funded through other state or federal funding, or other health insurance or other third-party insurance such as long-term care insurance;
(6) except for individuals described in clause (7), the monthly cost of the alternative care services funded by the program for this person does not exceed 75 percent of the monthly limit described under section 256B.0915, subdivision 3a. This monthly limit does not prohibit the alternative care client from payment for additional services, but in no case may the cost of additional services purchased under this section exceed the difference between the client's monthly service limit defined under section 256B.0915, subdivision 3, and the alternative care program monthly service limit defined in this paragraph. If care-related supplies and equipment or environmental modifications and adaptations are or will be purchased for an alternative care services recipient, the costs may be prorated on a monthly basis for up to 12 consecutive months beginning with the month of purchase. If the monthly cost of a recipient's other alternative care services exceeds the monthly limit established in this paragraph, the annual cost of the alternative care services shall be determined. In this event, the annual cost of alternative care services shall not exceed 12 times the monthly limit described in this paragraph;
(7) for individuals assigned a case mix classification A as described under section 256B.0915, subdivision 3a, paragraph (a), with (i) no dependencies in activities of daily living, or (ii) up to two dependencies in bathing, dressing, grooming, walking, and eating when the dependency score in eating is three or greater as determined by an assessment performed under section 256B.0911, the monthly cost of alternative care services funded by the program cannot exceed $593 per month for all new participants enrolled in the program on or after July 1, 2011. This monthly limit shall be applied to all other participants who meet this criteria at reassessment. This monthly limit shall be increased annually as described in section 256B.0915, subdivision 3a, paragraph (a). This monthly limit does not prohibit the alternative care client from payment for additional services, but in no case may the cost of additional services purchased exceed the difference between the client's monthly service limit defined in this clause and the limit described in clause (6) for case mix classification A; and
(8) the person is making timely payments of the assessed monthly fee.
A person is ineligible if payment of the fee is over 60 days past due, unless the person agrees to:
(i) the appointment of a representative payee;
(ii) automatic payment from a financial account;
(iii) the establishment of greater family involvement in the financial management of payments; or
(iv) another method acceptable to the lead agency to ensure prompt fee payments.
The lead agency may extend the client's eligibility as necessary while making arrangements to facilitate payment of past-due amounts and future premium payments. Following disenrollment due to nonpayment of a monthly fee, eligibility shall not be reinstated for a period of 30 days.
(b) Alternative care funding under this subdivision is not available for a person who is a medical assistance recipient or who would be eligible for medical assistance without a spenddown or waiver obligation. A person whose initial application for medical assistance and the elderly waiver program is being processed may be served under the alternative care program for a period up to 60 days. If the individual is found to be eligible for medical assistance, medical assistance must be billed for services payable under the federally approved elderly waiver plan
and delivered from the date the individual was found eligible for the federally approved elderly waiver plan. Notwithstanding this provision, alternative care funds may not be used to pay for any service the cost of which: (i) is payable by medical assistance; (ii) is used by a recipient to meet a waiver obligation; or (iii) is used to pay a medical assistance income spenddown for a person who is eligible to participate in the federally approved elderly waiver program under the special income standard provision.
(c) Alternative care funding is not available for a person who resides in a licensed nursing home, certified boarding care home, hospital, or intermediate care facility, except for case management services which are provided in support of the discharge planning process for a nursing home resident or certified boarding care home resident to assist with a relocation process to a community-based setting.
(d) Alternative care funding is not available for a person whose income is greater than the maintenance needs allowance under section 256B.0915, subdivision 1d, but equal to or less than 120 percent of the federal poverty guideline effective July 1 in the fiscal year for which alternative care eligibility is determined, who would be eligible for the elderly waiver with a waiver obligation.
Sec. 25. Minnesota Statutes 2012, section 256B.0915, subdivision 5, is amended to read:
Subd. 5. Assessments
and reassessments for waiver clients. (a)
Each client shall receive an initial assessment of strengths, informal supports, and need for services in accordance
with section 256B.0911, subdivisions 3, 3a, and 3b. A reassessment of a client served under the
elderly waiver must be conducted at least every 12 months and at other times
when the case manager determines that there has been significant change in the
client's functioning. This may include
instances where the client is discharged from the hospital. There must be a determination that the client
requires nursing facility level of care as defined in section 256B.0911, subdivision
4a, paragraph (d) 4e, at initial and subsequent assessments to
initiate and maintain participation in the waiver program.
(b) Regardless of other assessments identified in section 144.0724, subdivision 4, as appropriate to determine nursing facility level of care for purposes of medical assistance payment for nursing facility services, only face-to-face assessments conducted according to section 256B.0911, subdivisions 3a and 3b, that result in a nursing facility level of care determination will be accepted for purposes of initial and ongoing access to waiver service payment.
Sec. 26. Minnesota Statutes 2012, section 256B.0917, is amended by adding a subdivision to read:
Subd. 1a. Home
and community-based services for older adults. (a) The purpose of projects selected
by the commissioner of human services under this section is to make strategic
changes in the long-term services and supports system for older adults
including statewide capacity for local service development and technical assistance,
and statewide availability of home and community-based services for older adult
services, caregiver support and respite care services, and other supports in
the state of Minnesota. These projects
are intended to create incentives for new and expanded home and community-based
services in Minnesota in order to:
(1) reach older adults early in the
progression of their need for long-term services and supports, providing them
with low-cost, high-impact services that will prevent or delay the use of more
costly services;
(2) support older adults to live in the
most integrated, least restrictive community setting;
(3) support the informal caregivers of
older adults;
(4) develop and implement strategies to
integrate long-term services and supports with health care services, in order
to improve the quality of care and enhance the quality of life of older adults
and their informal caregivers;
(5) ensure cost-effective use of
financial and human resources;
(6) build community-based
approaches and community commitment to delivering long-term services and
supports for older adults in their own homes;
(7) achieve a broad awareness and use
of lower-cost in-home services as an alternative to nursing homes and other
residential services;
(8) strengthen and develop additional
home and community-based services and alternatives to nursing homes and other
residential services; and
(9) strengthen programs that use
volunteers.
(b)
The services provided by these projects are available to older adults who are
eligible for medical assistance and the elderly waiver under section 256B.0915,
the alternative care program under section 256B.0913, or essential community
supports grant under subdivision 14, paragraph (b), and to persons who have
their own funds to pay for services.
Sec. 27. Minnesota Statutes 2012, section 256B.0917, is amended by adding a subdivision to read:
Subd. 1b. Definitions. (a) For purposes of this section, the
following terms have the meanings given.
(b) "Community" means a town;
township; city; or targeted neighborhood within a city; or a consortium of
towns, townships, cities, or specific neighborhoods within a city.
(c) "Core home and community-based
services provider" means a Faith in Action, Living at Home Block Nurse,
Congregational Nurse, or similar community-based program governed by a board,
the majority of whose members reside within the program's service area, that
organizes and uses volunteers and paid staff to deliver nonmedical services
intended to assist older adults to identify and manage risks and to maintain
their community living and integration in the community.
(d) "Eldercare development
partnership" means a team of representatives of county social service and
public health agencies, the area agency on aging, local nursing home providers,
local home care providers, and other appropriate home and community-based
providers in the area agency's planning and service area.
(e) "Long-term services and
supports" means any service available under the elderly waiver program or
alternative care grant programs, nursing facility services, transportation
services, caregiver support and respite care services, and other home and
community-based services identified as necessary either to maintain lifestyle
choices for older adults or to support them to remain in their own home.
(f) "Older adult" refers to
an individual who is 65 years of age or older.
Sec. 28. Minnesota Statutes 2012, section 256B.0917, is amended by adding a subdivision to read:
Subd. 1c. Eldercare
development partnerships. The
commissioner of human services shall select and contract with eldercare
development partnerships sufficient to provide statewide availability of
service development and technical assistance using a request for proposals
process. Eldercare development
partnerships shall:
(1) develop a local long-term services
and supports strategy consistent with state goals and objectives;
(2) identify and use existing local
skills, knowledge, and relationships, and build on these assets;
(3) coordinate planning for funds to
provide services to older adults, including funds received under Title III of
the Older Americans Act, Title XX of the Social Security Act, and the Local
Public Health Act;
(4) target service development
and technical assistance where nursing facility closures have occurred or are
occurring or in areas where service needs have been identified through
activities under section 144A.351;
(5) provide sufficient staff for
development and technical support in its designated area; and
(6) designate a single public or
nonprofit member of the eldercare development partnerships to apply grant
funding and manage the project.
Sec. 29. Minnesota Statutes 2012, section 256B.0917, subdivision 6, is amended to read:
Subd. 6. Caregiver
support and respite care projects. (a)
The commissioner shall establish up to 36 projects to expand the respite
care network in the state and to support caregivers in their responsibilities
for care. The purpose of each project
shall be to availability of caregiver support and respite care services
for family and other caregivers. The
commissioner shall use a request for proposals to select nonprofit entities to
administer the projects. Projects shall:
(1) establish a local coordinated network of volunteer and paid respite workers;
(2) coordinate assignment of respite workers
care services to clients and care receivers and assure the health and
safety of the client; and caregivers of older adults;
(3) provide training for caregivers and
ensure that support groups are available in the community.
(b) The caregiver support and respite
care funds shall be available to the four to six local long-term care strategy
projects designated in subdivisions 1 to 5.
(c)
The commissioner shall publish a notice in the State Register to solicit
proposals from public or private nonprofit agencies for the projects not
included in the four to six local long-term care strategy projects defined in
subdivision 2. A county agency may,
alone or in combination with other county agencies, apply for caregiver support
and respite care project funds. A public
or nonprofit agency within a designated SAIL project area may apply for project
funds if the agency has a letter of agreement with the county or counties in
which services will be developed, stating the intention of the county or
counties to coordinate their activities with the agency requesting a grant.
(d) The commissioner shall select
grantees based on the following criteria:
(1) the ability of the proposal to
demonstrate need in the area served, as evidenced by a community needs
assessment or other demographic data;
(2) the ability of the proposal to
clearly describe how the project
(3) assure the health and safety of the
older adults;
(4) identify at-risk caregivers;
(5) provide information, education, and
training for caregivers in the designated community; and
(6) demonstrate the need in the
proposed service area particularly where nursing facility closures have
occurred or are occurring or areas with service needs identified by section
144A.351. Preference must be given for
projects that reach underserved populations.
(b) Projects must clearly describe:
(1) how they will achieve the
their purpose defined in paragraph (b);
(3) the ability of the proposal to
reach underserved populations;
(4) the ability of the proposal to
demonstrate community commitment to the project, as evidenced by letters of
support and cooperation as well as formation of a community task force;
(5) the ability of the proposal to
clearly describe (2) the process for recruiting, training, and
retraining volunteers; and
(6) the inclusion in the proposal of
the (3) a plan to promote the project in the designated
community, including outreach to persons needing the services.
(e) (c) Funds for all
projects under this subdivision may be used to:
(1) hire a coordinator to develop a coordinated network of volunteer and paid respite care services and assign workers to clients;
(2) recruit and train volunteer providers;
(3) train provide information,
training, and education to caregivers;
(4) ensure the development of support
groups for caregivers;
(5) (4) advertise the
availability of the caregiver support and respite care project; and
(6) (5) purchase equipment
to maintain a system of assigning workers to clients.
(f) (d) Project funds may
not be used to supplant existing funding sources.
Sec. 30. Minnesota Statutes 2012, section 256B.0917, is amended by adding a subdivision to read:
Subd. 7a. Core
home and community-based services. The
commissioner shall select and contract with core home and community-based
services providers for projects to provide services and supports to older
adults both with and without family and other informal caregivers using a
request for proposals process. Projects
must:
(1) have a credible, public, or private
nonprofit sponsor providing ongoing financial support;
(2) have a specific, clearly defined
geographic service area;
(3) use a practice framework designed
to identify high-risk older adults and help them take action to better manage
their chronic conditions and maintain their community living;
(4) have a team approach to
coordination and care, ensuring that the older adult participants, their
families, and the formal and informal providers are all part of planning and
providing services;
(5) provide information, support
services, homemaking services, counseling, and training for the older adults
and family caregivers;
(6) encourage service area or
neighborhood residents and local organizations to collaborate in meeting the
needs of older adults in their geographic service areas;
(7) recruit, train, and direct
the use of volunteers to provide informal services and other appropriate
support to older adults and their caregivers; and
(8) provide coordination and management
of formal and informal services to older adults and their families using less
expensive alternatives.
Sec. 31. Minnesota Statutes 2012, section 256B.0917, subdivision 13, is amended to read:
Subd. 13. Community
service grants. The commissioner shall
award contracts for grants to public and private nonprofit agencies to
establish services that strengthen a community's ability to provide a system of
home and community-based services for elderly persons. The commissioner shall use a request for proposal
process. The commissioner shall give
preference when awarding grants under this section to areas where nursing
facility closures have occurred or are occurring or to areas with service
needs identified under section 144A.351.
The commissioner shall consider grants for:
(1) caregiver support and respite care
projects under subdivision 6;
(2) the living-at-home/block nurse
grant under subdivisions 7 to 10; and
(3) services identified as needed for
community transition.
Sec. 32. Minnesota Statutes 2012, section 256B.439, subdivision 3, is amended to read:
Subd. 3. Consumer
surveys of nursing facilities residents.
Following identification of the quality measurement tool, the
commissioners shall conduct surveys of long-term care service consumers of
nursing facilities to develop quality profiles of providers. To the extent possible, surveys must be
conducted face-to-face by state employees or contractors. At the discretion of the commissioners,
surveys may be conducted by telephone or by provider staff. Surveys must be conducted periodically to
update quality profiles of individual service nursing facilities
providers.
Sec. 33. Minnesota Statutes 2012, section 256B.439, is amended by adding a subdivision to read:
Subd. 3a. Home and community-based services report
card in cooperation with the commissioner of health. The
commissioner shall work with existing Department of Human Services advisory
groups to develop recommendations for a home and community-based services
report card. Health and human services
staff that regulate home and community-based services as provided in chapter
245D and licensed home care as provided in chapter 144A shall be consulted. The advisory groups shall consider the
requirements from the Minnesota consumer information guide under section
144G.06 as a base for development of the home and community-based services
report card to compare the housing options available to consumers. Other items to be considered by the advisory
groups in developing recommendations include:
(1) defining the goals of the report
card, including measuring outcomes, providing consumer information, and
defining vehicle-for-pay performance;
(2) developing separate measures for
programs for the elderly population and for persons with disabilities;
(3) the sources of information needed
that are standardized and contain sufficient data;
(4) the financial support needed for
creating and publicizing the housing information guide, and ongoing funding for
data collection and staffing to monitor, report, and analyze;
(5) a recognition that home and
community-based services settings exist with significant variations in size,
settings, and services available;
(6) ensuring that consumer choice and
consumer information is retained and valued;
(7) the applicability of these measures
to providers based on payor source, size, and population served; and
(8) dissemination of quality profiles.
The advisory groups shall discuss
whether there are additional funding, resources, and research needed. The commissioner shall report recommendations
to the chairs and ranking minority members of the legislative committees and
divisions with jurisdiction over health and human services issues by August 1,
2014. The report card shall be available
on July 1, 2015.
Sec. 34. Minnesota Statutes 2012, section 256B.439, subdivision 4, is amended to read:
Subd. 4. Dissemination
of quality profiles. By July 1, 2003
2014, the commissioners shall implement a system public
awareness effort to disseminate the quality profiles developed from
consumer surveys using the quality measurement tool. Profiles may be disseminated to through
the Senior LinkAge Line and Disability Linkage Line and to consumers,
providers, and purchasers of long-term care services through all feasible
printed and electronic outlets. The
commissioners may conduct a public awareness campaign to inform potential users
regarding profile contents and potential uses.
Sec. 35. Minnesota Statutes 2012, 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; until
September 30, 2013, 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.437; or single bed room incentives under section
256B.431, subdivision 42; property taxes and property insurance; and PERA.
Sec. 36. Minnesota Statutes 2012, 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) Until September 30, 2013, 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 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. 37. Minnesota Statutes 2012, section 256B.49, subdivision 12, is amended to read:
Subd. 12. Informed choice. Persons who are determined likely to require the level of care provided in a nursing facility as determined under section 256B.0911, subdivision 4e, or a hospital shall be informed of the home and community-based support alternatives to the provision of inpatient hospital services or nursing facility services. Each person must be given the choice of either institutional or home and community-based services using the provisions described in section 256B.77, subdivision 2, paragraph (p).
Sec. 38. Minnesota Statutes 2012, section 256B.49, subdivision 14, is amended to read:
Subd. 14. Assessment and reassessment. (a) Assessments and reassessments shall be conducted by certified assessors according to section 256B.0911, subdivision 2b. With the permission of the recipient or the recipient's designated legal representative, the recipient's current provider of services may submit a written report outlining their recommendations regarding the recipient's care needs prepared by a direct service employee with at least 20 hours of service to that client. The person conducting the assessment or reassessment must notify the provider of the date by which this information is to be submitted. This information shall be provided to the person conducting the assessment and the person or the person's legal representative and must be considered prior to the finalization of the assessment or reassessment.
(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) 4e,
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) 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.
(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. 39. Minnesota Statutes 2012, section 256B.69, subdivision 8, is amended to read:
Subd. 8. Preadmission
screening waiver. Except as
applicable to the project's operation, the provisions of section sections
256.975 and 256B.0911 are waived for the purposes of this section for
recipients enrolled with demonstration providers or in the prepaid medical
assistance program for seniors.
Sec. 40. Minnesota Statutes 2012, section 256I.05, is amended by adding a subdivision to read:
Subd. 1o. Supplementary service rate; exemptions. A county agency shall not negotiate a
supplementary service rate under this section for any individual that has been
determined to be eligible for Housing Stability Services as approved by the Centers
for Medicare and Medicaid Services, and who resides in an establishment
voluntarily registered under section 144D.025, as a supportive housing
establishment or participates in the Minnesota supportive housing demonstration
program under section 256I.04, subdivision 3, paragraph (a), clause (4).
Sec. 41. Minnesota Statutes 2012, section 626.557, subdivision 4, is amended to read:
Subd. 4. Reporting. (a) Except as provided in paragraph (b), a mandated reporter shall immediately make an oral report to the common entry point. The common entry point may accept electronic reports submitted through a Web-based reporting system established by the commissioner. Use of a telecommunications device for the deaf or other similar device shall be considered an oral report. The common entry point may not require written reports. To the extent possible, the report must be of sufficient content to identify the vulnerable adult, the caregiver, the nature and extent of the suspected maltreatment, any evidence of previous maltreatment, the name and address of the reporter, the time, date, and location of the incident, and any other information that the reporter believes might be helpful in investigating the suspected maltreatment. A mandated reporter may disclose not public data, as defined in section 13.02, and medical records under sections 144.291 to 144.298, to the extent necessary to comply with this subdivision.
(b) A boarding care home that is licensed under sections 144.50 to 144.58 and certified under Title 19 of the Social Security Act, a nursing home that is licensed under section 144A.02 and certified under Title 18 or Title 19 of the Social Security Act, or a hospital that is licensed under sections 144.50 to 144.58 and has swing beds certified under Code of Federal Regulations, title 42, section 482.66, may submit a report electronically to the common entry point instead of submitting an oral report. The report may be a duplicate of the initial report the facility submits electronically to the commissioner of health to comply with the reporting requirements under Code of Federal Regulations, title 42, section 483.13. The commissioner of health may modify these reporting requirements to include items required under paragraph (a) that are not currently included in the electronic reporting form.
EFFECTIVE
DATE. This section is
effective July 1, 2014.
Sec. 42. Minnesota Statutes 2012, 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 The commissioner of human services shall
establish a common entry point effective July 1, 2014. 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.
(f) The common entry point staff must receive training on how to screen and dispatch reports efficiently and in accordance with this section.
(g) 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. The
common entry point shall have access to the centralized database and must log
the reports into the database and immediately identify and locate prior reports
of abuse, neglect, or exploitation.
(h) When appropriate, the common entry
point staff must refer calls that do not allege the abuse, neglect, or
exploitation of a vulnerable adult to other organizations that might resolve
the reporter's concerns.
(i) a common entry point must be
operated in a manner that enables the commissioner of human services to:
(1) track critical steps in the
reporting, evaluation, referral, response, disposition, and investigative
process to ensure compliance with all requirements for all reports;
(2) maintain data to facilitate the
production of aggregate statistical reports for monitoring patterns of abuse,
neglect, or exploitation;
(3) serve as a resource for the
evaluation, management, and planning of preventative and remedial services for
vulnerable adults who have been subject to abuse, neglect, or exploitation;
(4)
set standards, priorities, and policies to maximize the efficiency and
effectiveness of the common entry point; and
(5) track and manage consumer
complaints related to the common entry point.
(j) The commissioners of human services
and health shall collaborate on the creation of a system for referring reports
to the lead investigative agencies. This
system shall enable the commissioner of human services to track critical steps
in the reporting, evaluation, referral, response, disposition, investigation,
notification, determination, and appeal processes.
Sec. 43. Minnesota Statutes 2012, section 626.557, subdivision 9e, is amended to read:
Subd. 9e. Education requirements. (a) The commissioners of health, human services, and public safety shall cooperate in the development of a joint program for education of lead investigative agency investigators in the appropriate techniques for investigation of complaints of maltreatment. This program must be developed by July 1, 1996. The program must include but need not be limited to the following areas: (1) information collection and preservation; (2) analysis of facts; (3) levels of evidence; (4) conclusions based on evidence; (5) interviewing skills, including specialized training to interview people with unique needs; (6) report writing; (7) coordination and referral to other necessary agencies such as law enforcement and judicial agencies; (8) human relations and cultural diversity; (9) the dynamics of adult abuse and neglect within family systems and the appropriate methods for interviewing relatives in the course of the assessment or investigation; (10) the protective social services that are available to protect alleged victims from further abuse, neglect, or financial exploitation; (11) the methods by which lead investigative agency investigators and law enforcement workers cooperate in conducting assessments and investigations in order to avoid duplication of efforts; and (12) data practices laws and procedures, including provisions for sharing data.
(b) The commissioner of human services
shall conduct an outreach campaign to promote the common entry point for
reporting vulnerable adult maltreatment.
This campaign shall use the Internet and other means of communication.
(b) (c) The commissioners of
health, human services, and public safety shall offer at least annual education
to others on the requirements of this section, on how this section is
implemented, and investigation techniques.
(c) (d) The commissioner of human services, in coordination with the commissioner of public safety shall provide training for the common entry point staff as required in this subdivision and the program courses described in this subdivision, at least four times per year. At a minimum, the training shall be held twice annually in the seven-county metropolitan area and twice annually outside the seven-county metropolitan area. The commissioners shall give priority in the program areas cited in paragraph (a) to persons currently performing assessments and investigations pursuant to this section.
(d) (e) The commissioner of
public safety shall notify in writing law enforcement personnel of any new
requirements under this section. The
commissioner of public safety shall conduct regional training for law
enforcement personnel regarding their responsibility under this section.
(e) (f) Each lead
investigative agency investigator must complete the education program specified
by this subdivision within the first 12 months of work as a lead investigative
agency investigator.
A lead investigative agency investigator employed when these requirements take effect must complete the program within the first year after training is available or as soon as training is available.
All lead investigative agency investigators having responsibility for investigation duties under this section must receive a minimum of eight hours of continuing education or in-service training each year specific to their duties under this section.
Sec. 44. FEDERAL
APPROVAL.
This article is contingent on federal
approval.
Sec. 45. REPEALER.
(a)
Minnesota Statutes 2012, sections 245A.655; and 256B.0917, subdivisions 1, 2,
3, 4, 5, 7, 8, 9, 10, 11, and 12, are repealed.
(b)
Minnesota Statutes 2012, section 256B.0911, subdivisions 4a, 4b, and 4c, are
repealed effective October 1, 2013.
ARTICLE 3
SAFE AND HEALTHY DEVELOPMENT
OF CHILDREN, YOUTH, AND FAMILIES
Section 1. Minnesota Statutes 2012, section 119B.011, is amended by adding a subdivision to read:
Subd. 19b. Student
parent. "Student
parent" means a person who is:
(1) under 21 years of age and has a
child;
(2) pursuing a high school or general
equivalency diploma;
(3) residing within a county that has a
basic sliding fee waiting list under section 119B.03, subdivision 4; and
(4) not an MFIP participant.
EFFECTIVE
DATE. This section is
effective November 11, 2013.
Sec. 2. Minnesota Statutes 2012, section 119B.02, is amended by adding a subdivision to read:
Subd. 7. Child
care market rate survey. Biennially,
the commissioner shall survey prices charged by child care providers in
Minnesota to determine the 75th percentile for like-care arrangements in county
price clusters.
EFFECTIVE
DATE. This section is
effective February 3, 2014.
Sec. 3. Minnesota Statutes 2012, section 119B.025, subdivision 1, is amended to read:
Subdivision 1. Factors which must be verified. (a) The county shall verify the following at all initial child care applications using the universal application:
(1) identity of adults;
(2) presence of the minor child in the home, if questionable;
(3) relationship of minor child to the parent, stepparent, legal guardian, eligible relative caretaker, or the spouses of any of the foregoing;
(4) age;
(5) immigration status, if related to eligibility;
(6) Social Security number, if given;
(7) income;
(8) spousal support and child support payments made to persons outside the household;
(9) residence; and
(10) inconsistent information, if related to eligibility.
(b) If a family did not use the universal application or child care addendum to apply for child care assistance, the family must complete the universal application or child care addendum at its next eligibility redetermination and the county must verify the factors listed in paragraph (a) as part of that redetermination. Once a family has completed a universal application or child care addendum, the county shall use the redetermination form described in paragraph (c) for that family's subsequent redeterminations. Eligibility must be redetermined at least every six months. A family is considered to have met the eligibility redetermination requirement if a complete redetermination form and all required verifications are received within 30 days after the date the form was due. Assistance shall be payable retroactively from the redetermination due date. For a family where at least one parent is under the age of 21, does not have a high school or general equivalency diploma, and is a student in a school district or another similar program that provides or arranges for child care, as well as parenting, social services, career and employment supports, and academic support to achieve high school graduation, the redetermination of eligibility shall be deferred beyond six months, but not to exceed 12 months, to the end of the student's school year. If a family reports a change in an eligibility factor before the family's next regularly scheduled redetermination, the county must recalculate eligibility without requiring verification of any eligibility factor that did not change.
(c) The commissioner shall develop a redetermination form to redetermine eligibility and a change report form to report changes that minimize paperwork for the county and the participant.
EFFECTIVE
DATE. This section is
effective August 4, 2014.
Sec. 4. Minnesota Statutes 2012, section 119B.03, subdivision 4, is amended to read:
Subd. 4. Funding priority. (a) First priority for child care assistance under the basic sliding fee program must be given to eligible non-MFIP families who do not have a high school or general equivalency diploma or who need remedial and basic skill courses in order to pursue employment or to pursue education leading to employment and who need child care assistance to participate in the education program. This includes student parents as defined under section 119B.011, subdivision 19b. Within this priority, the following subpriorities must be used:
(1) child care needs of minor parents;
(2) child care needs of parents under 21 years of age; and
(3) child care needs of other parents within the priority group described in this paragraph.
(b) Second priority must be given to parents who have completed their MFIP or DWP transition year, or parents who are no longer receiving or eligible for diversionary work program supports.
(c) Third priority must be given to families who are eligible for portable basic sliding fee assistance through the portability pool under subdivision 9.
(d) Fourth priority must be given to families in which at least one parent is a veteran as defined under section 197.447.
(e) Families under paragraph (b) must be added to the basic sliding fee waiting list on the date they begin the transition year under section 119B.011, subdivision 20, and must be moved into the basic sliding fee program as soon as possible after they complete their transition year.
EFFECTIVE
DATE. This section is
effective November 11, 2013.
Sec. 5. Minnesota Statutes 2012, section 119B.05, subdivision 1, is amended to read:
Subdivision 1. Eligible participants. Families eligible for child care assistance under the MFIP child care program are:
(1) MFIP participants who are employed or in job search and meet the requirements of section 119B.10;
(2) persons who are members of transition year families under section 119B.011, subdivision 20, and meet the requirements of section 119B.10;
(3) families who are participating in employment orientation or job search, or other employment or training activities that are included in an approved employability development plan under section 256J.95;
(4) MFIP families who are participating in work job search, job support, employment, or training activities as required in their employment plan, or in appeals, hearings, assessments, or orientations according to chapter 256J;
(5) MFIP families who are participating in social services activities under chapter 256J as required in their employment plan approved according to chapter 256J;
(6) families who are participating in services or activities that are included in an approved family stabilization plan under section 256J.575;
(7)
families who are participating in programs as required in tribal contracts
under section 119B.02, subdivision 2, or 256.01, subdivision 2; and
(8) families who are participating in the
transition year extension under section 119B.011, subdivision 20a; and
(9) student parents as defined under section 119B.011, subdivision 19b.
EFFECTIVE
DATE. This section is
effective November 11, 2013.
Sec. 6. Minnesota Statutes 2012, section 119B.13, subdivision 1, is amended to read:
Subdivision 1. Subsidy
restrictions. (a) Beginning October
31, 2011 February 3, 2014, the maximum rate paid for child care
assistance in any county or multicounty region county price cluster
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 greater of
the 25th percentile of the 2011 child care provider rate survey or the maximum
rate effective November 28, 2011. The
commissioner may: (1) assign a county
with no reported provider prices to a similar price cluster; and (2) consider
county level access when determining final price clusters.
(b) Biennially, beginning in 2012, the
commissioner shall survey rates charged by child care providers in Minnesota to
determine the 75th percentile for like-care arrangements in counties. When the commissioner determines that, using
the commissioner's established protocol, the number of providers responding to
the survey is too small to determine the 75th percentile rate for like-care
arrangements in a county or multicounty region, the commissioner may establish
the 75th percentile maximum rate based on like-care arrangements in a county,
region, or category that the commissioner deems to be similar.
(c) (b) 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) (c) 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) (d) 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) (e) 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) (f) All maximum provider
rates changes shall be implemented on the Monday following the effective date
of the maximum provider rate.
(g)
Notwithstanding Minnesota Rules, part 3400.0130, subpart 7, maximum
registration fees in effect on January 1, 2013, shall remain in effect.
Sec. 7. Minnesota Statutes 2012, section 119B.13, subdivision 1a, is amended to read:
Subd. 1a. Legal nonlicensed family child care provider rates. (a) Legal nonlicensed family child care providers receiving reimbursement under this chapter must be paid on an hourly basis for care provided to families receiving assistance.
(b) The
maximum rate paid to legal nonlicensed family child care providers must be 68
percent of the county maximum hourly rate for licensed family child care
providers. In counties or county
price clusters where the maximum hourly rate for licensed family child care
providers is higher than the maximum weekly rate for those providers divided by
50, the maximum hourly rate that may be paid to legal nonlicensed family child
care providers is the rate equal to the maximum weekly rate for licensed family
child care providers divided by 50 and then multiplied by 0.68. The maximum payment to a provider for one day
of care must not exceed the maximum hourly rate times ten. The maximum payment to a provider for one
week of care must not exceed the maximum hourly rate times 50.
(c) A rate which includes a special needs rate paid under subdivision 3 may be in excess of the maximum rate allowed under this subdivision.
(d) Legal nonlicensed family child care providers receiving reimbursement under this chapter may not be paid registration fees for families receiving assistance.
EFFECTIVE
DATE. This section is
effective February 3, 2014.
Sec. 8. Minnesota Statutes 2012, section 119B.13, subdivision 3a, is amended to read:
Subd. 3a. Provider
rate differential for accreditation. A
family child care provider or child care center shall be paid a 15 percent
differential above the maximum rate established in subdivision 1, up to the
actual provider rate, if the provider or center holds a current early childhood
development credential or is accredited.
For a family child care provider, early childhood development credential
and accreditation includes an individual who has earned a child development
associate degree, a child development associate credential, a diploma in child
development from a Minnesota state technical college, or a bachelor's or post
baccalaureate degree in early childhood education from an accredited college or
university, or who is accredited by the National Association for Family Child
Care or the Competency Based Training and Assessment Program. For a child care center, accreditation
includes accreditation that meets the following criteria: the accrediting organization must demonstrate
the use of standards that promote the physical, social, emotional, and
cognitive development of children. The
accreditation standards shall include, but are not limited to, positive
interactions between adults and children, age-appropriate learning activities,
a system of tracking children's learning, use of assessment to meet children's
needs, specific qualifications for staff, a learning environment that supports
developmentally appropriate experiences for children, health and safety
requirements, and family engagement strategies.
The commissioner of human services, in conjunction with the
commissioners of education and health, will develop an application and approval
process based on the criteria in this section and any additional criteria. The process developed by the commissioner of
human services must address periodic reassessment of approved accreditations. The commissioner of human services must
report the criteria developed, the application, approval, and reassessment
processes, and any additional recommendations by February 15, 2013, to the
chairs and ranking minority members of the legislative committees having
jurisdiction over early childhood issues.
Based on an application process developed by the commissioner in
conjunction with the commissioners of education and health, the Department of
Human Services must accept applications from accrediting organizations
beginning on July 1, 2013, and on an annual basis thereafter. The provider rate differential shall be paid
to centers holding an accreditation from an approved accrediting organization
beginning on a billing cycle to be determined by the commissioner, no later
than the last Monday in February of a calendar year. The commissioner shall annually publish a
list of approved accrediting organizations.
An approved accreditation must be reassessed by the commissioner every
two years. If an approved accrediting
organization is determined to no longer meet the approval criteria, the organization
and centers being paid the differential under that accreditation must be given
a 90-
day notice by the commissioner and the differential payment must end after a 15-day notice to affected families and centers as directed in Minnesota Rules, part 3400.0185, subparts 3 and 4. The following accreditations shall be recognized for the provider rate differential until an approval process is implemented: the National Association for the Education of Young Children, the Council on Accreditation, the National Early Childhood Program Accreditation, the National School-Age Care Association, or the National Head Start Association Program of Excellence. For Montessori programs, accreditation includes the American Montessori Society, Association of Montessori International-USA, or the National Center for Montessori Education.
Sec. 9. Minnesota Statutes 2012, section 119B.13, is amended by adding a subdivision to read:
Subd. 3b. Provider
rate differential for Parent Aware. A
family child care provider or child care center shall be paid a 15 percent
differential if they hold a three-star Parent Aware rating or a 20 percent
differential if they hold a four-star Parent Aware rating. A 15 percent or 20 percent rate differential
must be paid above the maximum rate established in subdivision 1, up to the
actual provider rate.
EFFECTIVE
DATE. This section is
effective March 3, 2014.
Sec. 10. Minnesota Statutes 2012, section 119B.13, is amended by adding a subdivision to read:
Subd. 3c. Weekly
rate paid for children attending high-quality care. A licensed child care provider or
license-exempt center may be paid up to the applicable weekly maximum rate, not
to exceed the provider's actual charge, when the following conditions are met:
(1) the child is age birth to five
years, but not yet in kindergarten;
(2)
the child attends a child care provider that qualifies for the rate
differential identified in subdivision 3a or 3b; and
(3) the applicant's activities qualify
for at least 30 hours of care per week under sections 119B.03, 119B.05,
119B.10, and Minnesota Rules, chapter 3400.
EFFECTIVE
DATE. This section is
effective August 4, 2014.
Sec. 11. Minnesota Statutes 2012, 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.
(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 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;
(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 child care assistance program rules, until the agency determines those violations have been corrected;
(4) the provider is operating after receipt of an order of suspension or an order of revocation of the provider's license, or the provider has been issued an order citing violations of licensing standards that affect the health and safety of children in care due to the nature, chronicity, or severity of the licensing violations, until the licensing agency determines those violations have been corrected;
(5) the provider submits false attendance reports or refuses to provide documentation of the child's attendance upon request; or
(6) the provider gives false child care price information.
The county may withhold the provider's
authorization or payment for a period of time not to exceed three months beyond
the time the condition has been corrected.
(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.
EFFECTIVE
DATE. This section is
effective February 3, 2014.
Sec. 12. Minnesota Statutes 2012, section 119B.13, subdivision 7, is amended to read:
Subd. 7. Absent
days. (a) Licensed child care
providers and license-exempt centers must not be reimbursed for more than ten
25 full-day absent days per child, excluding holidays, in a fiscal year,
or for more than ten consecutive full-day absent days. Legal nonlicensed family child care providers
must not be reimbursed for absent days. If
a child attends for part of the time authorized to be in care in a day, but is
absent for part of the time authorized to be in care in that same day, the
absent time must be reimbursed but the time must not count toward the ten
absent day days limit. Child
care providers must only be reimbursed for absent days if the provider has a
written policy for child absences and charges all other families in care for
similar absences.
(b) Notwithstanding paragraph (a),
children with documented medical conditions that cause more frequent absences
may exceed the 25 absent days limit, or ten consecutive full-day absent days
limit. Absences due to a documented
medical condition of a parent or sibling who lives in the same residence as the
child receiving child care assistance do not count against the absent days
limit in a fiscal year. Documentation of
medical conditions must be on the forms and submitted according to the
timelines established by the commissioner.
A public health nurse or school nurse may verify the illness in lieu of
a medical practitioner. If a provider
sends a child home early due to a medical reason, including, but not limited
to, fever or contagious illness, the child care center director or lead teacher
may verify the illness in lieu of a medical practitioner.
(b) (c) Notwithstanding
paragraph (a), children in families may exceed the ten absent days limit
if at least one parent: (1) is under the
age of 21; (2) does not have a high school or general equivalency diploma; and
(3) is a student in a school district or another similar program that provides
or arranges for child care, parenting support, social services, career and
employment supports, and academic support to achieve high school graduation,
upon request of the program and approval of the county. If a child attends part of an authorized day,
payment to the provider must be for the full amount of care authorized for that
day.
(c) (d) Child care providers
must be reimbursed for up to ten federal or state holidays or designated
holidays per year when the provider charges all families for these days and the
holiday or designated holiday falls on a day when the child is authorized to be
in attendance. Parents may substitute
other cultural or religious holidays for the ten recognized state and federal
holidays. Holidays do not count toward
the ten absent day days limit.
(d) (e) A family or child care
provider must not be assessed an overpayment for an absent day payment unless (1)
there was an error in the amount of care authorized for the family, (2) all of
the allowed full-day absent payments for the child have been paid, or (3) the
family or provider did not timely report a change as required under law.
(e) (f) The provider and family
shall receive notification of the number of absent days used upon initial
provider authorization for a family and ongoing notification of the number of
absent days used as of the date of the notification.
(g) For purposes of this subdivision,
"absent days limit" means 25 full-day absent days per child,
excluding holidays, in a fiscal year; and ten consecutive full-day absent days.
EFFECTIVE
DATE. This section is
effective February 1, 2014.
Sec. 13. Minnesota Statutes 2012, section 245A.07, subdivision 2a, is amended to read:
Subd. 2a. Immediate
suspension expedited hearing. (a)
Within five working days of receipt of the license holder's timely appeal, the
commissioner shall request assignment of an administrative law judge. The request must include a proposed date,
time, and place of a hearing. A hearing
must be conducted by an administrative law judge within 30 calendar days of the
request for assignment, unless an extension is requested by either party and
granted by the administrative law judge for good cause. The commissioner shall issue a notice of
hearing by certified mail or personal service at least ten working days before
the hearing. The scope of the hearing
shall be limited solely to the issue of whether the temporary immediate
suspension should remain in effect pending the commissioner's final order under
section 245A.08, regarding a licensing sanction issued under subdivision 3
following the immediate suspension. The
burden of proof in expedited hearings under this subdivision shall be limited
to the commissioner's demonstration that reasonable cause exists to believe
that the license holder's actions or failure to comply with applicable law or
rule poses, or if the actions of other individuals or conditions in the program
poses an imminent risk of harm to the health, safety, or rights of persons
served by the program. "Reasonable
cause" means there exist specific articulable facts or circumstances which
provide the commissioner with a reasonable suspicion that there is an imminent
risk of harm to the health, safety, or rights of persons served by the program. When the commissioner has determined there
is reasonable cause to order the temporary immediate suspension of a license
based on a violation of safe sleep requirements, as defined in section
245A.1435, the commissioner is not required to demonstrate that an infant died
or was injured as a result of the safe sleep violations.
(b) The administrative law judge shall issue findings of fact, conclusions, and a recommendation within ten working days from the date of hearing. The parties shall have ten calendar days to submit exceptions to the administrative law judge's report. The record shall close at the end of the ten-day period for submission of exceptions. The commissioner's final order shall be issued within ten working days from the close of the record. Within 90 calendar days after a final order affirming an immediate suspension, the commissioner shall make a determination regarding whether a final licensing sanction shall be issued under subdivision 3. The license holder shall continue to be prohibited from operation of the program during this 90-day period.
(c) When the final order under paragraph (b) affirms an immediate suspension, and a final licensing sanction is issued under subdivision 3 and the license holder appeals that sanction, the license holder continues to be prohibited from operation of the program pending a final commissioner's order under section 245A.08, subdivision 5, regarding the final licensing sanction.
Sec. 14. Minnesota Statutes 2012, section 245A.1435, is amended to read:
245A.1435
REDUCTION OF RISK OF SUDDEN UNEXPECTED INFANT DEATH SYNDROME IN
LICENSED PROGRAMS.
(a) When a license holder is placing an
infant to sleep, the license holder must place the infant on the infant's back,
unless the license holder has documentation from the infant's parent physician
directing an alternative sleeping position for the infant. The parent physician directive
must be on a form approved by the commissioner and must include a statement
that the parent or legal guardian has read the information provided by the
Minnesota Sudden Infant Death Center, related to the risk of SIDS and the
importance of placing an infant or child on its back to sleep to reduce the
risk of SIDS. remain on file at
the licensed location. An infant who
independently rolls onto its stomach after being placed to sleep on its back
may be allowed to remain sleeping on its stomach if the infant is at least six
months of age or the license holder has a signed statement from the parent
indicating that the infant regularly rolls over at home.
(b) The license holder must place the
infant in a crib directly on a firm mattress with a fitted crib sheet that fits
tightly on the mattress and overlaps the mattress so it cannot be dislodged by
pulling on the corner of the sheet. The
license holder must not place pillows, quilts, comforters, sheepskin,
pillow-like stuffed toys, or other soft products in the crib with the infant
The license holder must place the infant in a crib directly on a firm
mattress with a fitted sheet that is appropriate to the mattress size, that
fits tightly on the mattress, and overlaps the underside of the mattress so it
cannot be dislodged by pulling on the corner of the sheet with reasonable
effort. The license holder must not
place anything in the crib with the infant except for the infant's pacifier, as
defined in Code of Federal Regulations, title 16, part 1511. The requirements of this section apply to
license holders serving infants up to and including 12 months younger
than one year of age. Licensed child
care providers must meet the crib requirements under section 245A.146.
(c) If an infant falls asleep before
being placed in a crib, the license holder must move the infant to a crib as
soon as practicable, and must keep the infant within sight of the license
holder until the infant is placed in a crib.
When an infant falls asleep while being held, the license holder must
consider the supervision needs of other children in care when determining how
long to hold the infant before placing the infant in a crib to sleep. The sleeping infant must not be in a position
where the airway may be blocked or with anything covering the infant's face.
(d) Placing a swaddled infant down to
sleep in a licensed setting is not recommended for an infant of any age and is
prohibited for any infant who has begun to roll over independently. However, with the written consent of a parent
or guardian according to this paragraph, a license holder may place the infant
who has not yet begun to roll over on its own down to sleep in a one-piece
sleeper equipped with an attached system that fastens securely only across the
upper torso, with no constriction of the hips or legs, to create a swaddle. Prior to any use of swaddling for sleep by a
provider licensed under this chapter, the license holder must obtain informed
written consent for the use of swaddling from the parent or guardian of the
infant on a form provided by the commissioner and prepared in partnership with
the Minnesota Sudden Infant Death Center.
Sec. 15. Minnesota Statutes 2012, section 245A.144, is amended to read:
245A.144
TRAINING ON RISK OF SUDDEN UNEXPECTED INFANT DEATH AND SHAKEN
BABY SYNDROME ABUSIVE HEAD TRAUMA FOR CHILD FOSTER CARE PROVIDERS.
(a)
Licensed child foster care providers that care for infants or children through
five years of age must document that before staff persons and caregivers assist
in the care of infants or children through five years of age, they are
instructed on the standards in section 245A.1435 and receive training on
reducing the risk of sudden unexpected infant death syndrome and shaken
baby syndrome for abusive head trauma from shaking infants and young
children. This section does not apply to
emergency relative placement under section 245A.035. The training on reducing the risk of sudden unexpected
infant death syndrome and shaken baby syndrome abusive head
trauma may be provided as:
(1) orientation training to child foster care providers, who care for infants or children through five years of age, under Minnesota Rules, part 2960.3070, subpart 1; or
(2) in-service training to child foster care providers, who care for infants or children through five years of age, under Minnesota Rules, part 2960.3070, subpart 2.
(b)
Training required under this section must be at least one hour in length and
must be completed at least once every five years. At a minimum, the training must address the
risk factors related to sudden unexpected infant death syndrome
and shaken baby syndrome abusive head trauma, means of reducing
the risk of sudden unexpected infant death syndrome and shaken
baby syndrome abusive head trauma, and license holder communication
with parents regarding reducing the risk of sudden unexpected infant
death syndrome and shaken baby syndrome abusive head trauma.
(c) Training for child foster care providers must be approved by the county or private licensing agency that is responsible for monitoring the child foster care provider under section 245A.16. The approved training fulfills, in part, training required under Minnesota Rules, part 2960.3070.
Sec. 16. Minnesota Statutes 2012, section 245A.1444, is amended to read:
245A.1444
TRAINING ON RISK OF SUDDEN UNEXPECTED INFANT DEATH SYNDROME AND SHAKEN
BABY SYNDROME ABUSIVE HEAD TRAUMA BY OTHER PROGRAMS.
A licensed chemical dependency treatment
program that serves clients with infants or children through five years of age,
who sleep at the program and a licensed children's residential facility that
serves infants or children through five years of age, must document that before
program staff persons or volunteers assist in the care of infants or children
through five years of age, they are instructed on the standards in section
245A.1435 and receive training on reducing the risk of sudden unexpected
infant death syndrome and shaken baby syndrome abusive head
trauma from shaking infants and young children. The training conducted under this section may
be used to fulfill training requirements under Minnesota Rules, parts
2960.0100, subpart 3; and 9530.6490, subpart 4, item B.
This section does not apply to child care centers or family child care programs governed by sections 245A.40 and 245A.50.
Sec. 17. [245A.1446]
FAMILY CHILD CARE DIAPERING AREA DISINFECTION.
Notwithstanding Minnesota Rules, part
9502.0435, a family child care provider may disinfect the diaper changing
surface with chlorine bleach in a manner consistent with label directions for
disinfection or with a surface disinfectant that meets the following criteria:
(1) the manufacturer's label or
instructions state that the product is registered with the United States
Environmental Protection Agency;
(2) the manufacturer's label or
instructions state that the disinfectant is effective against Staphylococcus
aureus, Salmonella choleraesuis, and Pseudomonas aeruginosa;
(3)
the manufacturer's label or instructions state that the disinfectant is
effective with a ten minute or less contact time;
(4) the disinfectant is clearly labeled
by the manufacturer with directions for mixing and use;
(5) the disinfectant is used
only in accordance with the manufacturer's directions; and
(6) the product does not include
triclosan or derivatives of triclosan.
Sec. 18. [245A.147]
FAMILY CHILD CARE INFANT SLEEP SUPERVISION REQUIREMENTS.
Subdivision 1. In-person
checks on infants. (a)
License holders that serve infants are encouraged to monitor sleeping infants
by conducting in-person checks on each infant in their care every 30 minutes.
(b) Upon enrollment of an infant in a
family child care program, the license holder is encouraged to conduct
in-person checks on the sleeping infant every 15 minutes, during the first four
months of care.
(c) When an infant has an upper
respiratory infection, the license holder is encouraged to conduct in-person
checks on the sleeping infant every 15 minutes throughout the hours of sleep.
Subd. 2. Use
of audio or visual monitoring devices.
In addition to conducting the in-person checks encouraged under
subdivision 1, license holders serving infants are encouraged to use and
maintain an audio or visual monitoring device to monitor each sleeping infant
in care during all hours of sleep.
Sec. 19. [245A.152]
CHILD CARE LICENSE HOLDER INSURANCE.
(a) A license holder must provide a
written notice to all parents or guardians of all children to be accepted for
care prior to admission stating whether the license holder has liability
insurance. This notice may be
incorporated into and provided on the admission form used by the license
holder.
(b) If the license holder has liability
insurance:
(1) the license holder shall inform
parents in writing that a current certificate of coverage for insurance is
available for inspection to all parents or guardians of children receiving
services and to all parents seeking services from the family child care
program;
(2) the notice must provide the parent
or guardian with the date of expiration or next renewal of the policy; and
(3) upon the expiration date of the
policy, the license holder must provide a new written notice indicating whether
the insurance policy has lapsed or whether the license holder has renewed the
policy.
If the policy was renewed, the license holder must provide
the new expiration date of the policy in writing to the parents or guardians.
(c) If the license holder does not have
liability insurance, the license holder must provide an annual notice, on a
form developed and made available by the commissioner, to the parents or
guardians of children in care indicating that the license holder does not carry
liability insurance.
(d)
The license holder must notify all parents and guardians in writing immediately
of any change in insurance status.
(e) The license holder must make
available upon request the certificate of liability insurance to the parents of
children in care, to the commissioner, and to county licensing agents.
(f) The license holder must document,
with the signature of the parent or guardian, that the parent or guardian
received the notices required by this section.
Sec. 20. Minnesota Statutes 2012, section 245A.40, subdivision 5, is amended to read:
Subd. 5. Sudden
unexpected infant death syndrome and shaken baby syndrome abusive
head trauma training. (a)
License holders must document that before staff persons and volunteers
care for infants, they are instructed on the standards in section 245A.1435 and
receive training on reducing the risk of sudden unexpected infant death syndrome. In addition, license holders must document
that before staff persons care for infants or children under school age, they
receive training on the risk of shaken baby syndrome abusive head
trauma from shaking infants and young children. The training in this subdivision may be
provided as orientation training under subdivision 1 and in-service training
under subdivision 7.
(b) Sudden unexpected infant death syndrome
reduction training required under this subdivision must be at least one-half
hour in length and must be completed at least once every five years year. At a minimum, the training must address the
risk factors related to sudden unexpected infant death syndrome,
means of reducing the risk of sudden unexpected infant death syndrome
in child care, and license holder communication with parents regarding reducing
the risk of sudden unexpected infant death syndrome.
(c) Shaken baby syndrome Abusive
head trauma training under this subdivision must be at least one-half hour
in length and must be completed at least once every five years year. At a minimum, the training must address the
risk factors related to shaken baby syndrome for shaking infants
and young children, means to reduce the risk of shaken baby syndrome abusive
head trauma in child care, and license holder communication with parents
regarding reducing the risk of shaken baby syndrome abusive head
trauma.
(d) The commissioner shall make available for viewing a video presentation on the dangers associated with shaking infants and young children. The video presentation must be part of the orientation and annual in-service training of licensed child care center staff persons caring for children under school age. The commissioner shall provide to child care providers and interested individuals, at cost, copies of a video approved by the commissioner of health under section 144.574 on the dangers associated with shaking infants and young children.
Sec. 21. Minnesota Statutes 2012, section 245A.50, is amended to read:
245A.50
FAMILY CHILD CARE TRAINING REQUIREMENTS.
Subdivision 1. Initial training. (a) License holders, caregivers, and substitutes must comply with the training requirements in this section.
(b) Helpers who assist with care on a regular basis must complete six hours of training within one year after the date of initial employment.
Subd. 2. Child
growth and development and behavior guidance training. (a) For purposes of family and group
family child care, the license holder and each adult caregiver who provides
care in the licensed setting for more than 30 days in any 12-month period shall
complete and document at least two four hours of child growth and
development and behavior guidance training within the first year of
prior to initial licensure, and before caring for children. For purposes of this subdivision, "child
growth and development training" means training in understanding how
children acquire language and develop physically, cognitively, emotionally, and
socially. "Behavior guidance
training" means training in the understanding of the functions of child
behavior and strategies for managing challenging situations. Child growth and development and behavior
guidance training must be repeated annually.
Training curriculum shall be developed or approved by the commissioner
of human services by January 1, 2014.
(b) Notwithstanding paragraph (a), individuals are exempt from this requirement if they:
(1) have taken a three-credit course on early childhood development within the past five years;
(2) have received a baccalaureate or master's degree in early childhood education or school-age child care within the past five years;
(3) are licensed in Minnesota as a prekindergarten teacher, an early childhood educator, a kindergarten to grade 6 teacher with a prekindergarten specialty, an early childhood special education teacher, or an elementary teacher with a kindergarten endorsement; or
(4) have received a baccalaureate degree with a Montessori certificate within the past five years.
Subd. 3. First
aid. (a) When children are present
in a family child care home governed by Minnesota Rules, parts 9502.0315 to
9502.0445, at least one staff person must be present in the home who has been
trained in first aid. The first aid
training must have been provided by an individual approved to provide first aid
instruction. First aid training may be
less than eight hours and persons qualified to provide first aid training
include individuals approved as first aid instructors. First aid training must be repeated every
two years.
(b) A family child care provider is exempt from the first aid training requirements under this subdivision related to any substitute caregiver who provides less than 30 hours of care during any 12-month period.
(c) Video training reviewed and approved by the county licensing agency satisfies the training requirement of this subdivision.
Subd. 4. Cardiopulmonary
resuscitation. (a) When children are
present in a family child care home governed by Minnesota Rules, parts
9502.0315 to 9502.0445, at least one staff person must be present in the home
who has been trained in cardiopulmonary resuscitation (CPR) and in the treatment
of obstructed airways that includes CPR techniques for infants and children. The CPR training must have been provided by
an individual approved to provide CPR instruction, must be repeated at least
once every three two years, and must be documented in the staff
person's records.
(b) A family child care provider is exempt from the CPR training requirement in this subdivision related to any substitute caregiver who provides less than 30 hours of care during any 12-month period.
(c) Video training reviewed and approved
by the county licensing agency satisfies the training requirement of this
subdivision. Persons providing
CPR training must use CPR training that has been developed:
(1) by the American Heart Association or
the American Red Cross and incorporates psychomotor skills to support the
instruction; or
(2) using nationally recognized,
evidence-based guidelines for CPR training and incorporates psychomotor skills
to support the instruction.
Subd. 5. Sudden
unexpected infant death syndrome and shaken baby syndrome abusive
head trauma training. (a)
License holders must document that before staff persons, caregivers, and
helpers assist in the care of infants, they are instructed on the standards in
section 245A.1435 and receive training on reducing the risk of sudden unexpected
infant death syndrome. In
addition, license holders must document that before staff persons, caregivers,
and helpers assist in the care of infants and children under school age, they
receive training on reducing the risk of shaken baby syndrome abusive
head trauma from shaking infants and young children. The training in this subdivision may be
provided as initial training under subdivision 1 or ongoing annual training
under subdivision 7.
(b) Sudden unexpected
infant death syndrome reduction training required under this subdivision
must be at least one-half hour in length and must be completed in person
at least once every five years two years. On the years when the license holder is
not receiving the in-person training on sudden unexpected infant death
reduction, the license holder must receive sudden unexpected infant death
reduction training through a video of no more than one hour in length developed
or approved by the commissioner. At
a minimum, the training must address the risk factors related to sudden unexpected
infant death syndrome, means of reducing the risk of sudden unexpected
infant death syndrome in child care, and license holder communication
with parents regarding reducing the risk of sudden unexpected infant
death syndrome.
(c) Shaken baby syndrome Abusive
head trauma training required under this subdivision must be at least
one-half hour in length and must be completed at least once every five years
year. At a minimum, the training
must address the risk factors related to shaken baby syndrome shaking
infants and young children, means of reducing the risk of shaken baby
syndrome abusive head trauma in child care, and license holder
communication with parents regarding reducing the risk of shaken baby
syndrome abusive head trauma.
(d) Training for family and group family
child care providers must be developed by the commissioner in conjunction
with the Minnesota Sudden Infant Death Center and approved by the county
licensing agency by the Minnesota Center for Professional Development.
(e) The commissioner shall make available
for viewing by all licensed child care providers a video presentation on the
dangers associated with shaking infants and young children. The video presentation shall be part of the
initial and ongoing annual training of licensed child care providers,
caregivers, and helpers caring for children under school age. The commissioner shall provide to child care
providers and interested individuals, at cost, copies of a video approved by
the commissioner of health under section 144.574 on the dangers associated with
shaking infants and young children.
Subd. 6. Child passenger restraint systems; training requirement. (a) A license holder must comply with all seat belt and child passenger restraint system requirements under section 169.685.
(b) Family and group family child care programs licensed by the Department of Human Services that serve a child or children under nine years of age must document training that fulfills the requirements in this subdivision.
(1) Before a license holder, staff person, caregiver, or helper transports a child or children under age nine in a motor vehicle, the person placing the child or children in a passenger restraint must satisfactorily complete training on the proper use and installation of child restraint systems in motor vehicles. Training completed under this subdivision may be used to meet initial training under subdivision 1 or ongoing training under subdivision 7.
(2) Training required under this subdivision must be at least one hour in length, completed at initial training, and repeated at least once every five years. At a minimum, the training must address the proper use of child restraint systems based on the child's size, weight, and age, and the proper installation of a car seat or booster seat in the motor vehicle used by the license holder to transport the child or children.
(3) Training under this subdivision must be provided by individuals who are certified and approved by the Department of Public Safety, Office of Traffic Safety. License holders may obtain a list of certified and approved trainers through the Department of Public Safety Web site or by contacting the agency.
(c) Child care providers that only transport school-age children as defined in section 245A.02, subdivision 19, paragraph (f), in child care buses as defined in section 169.448, subdivision 1, paragraph (e), are exempt from this subdivision.
Subd. 7. Training
requirements for family and group family child care. For purposes of family and group family
child care, the license holder and each primary caregiver must complete eight
16 hours of ongoing training each year. For purposes of this subdivision, a primary
caregiver is an adult caregiver who provides services in the licensed setting
for more than 30 days in any 12-month period.
Repeat of topical training requirements in subdivisions 2 to 8 shall
count toward the annual 16-hour training requirement. Additional ongoing training subjects to
meet the annual 16-hour training requirement must be selected from the
following areas:
(1) " child growth and
development training" has the meaning given in under
subdivision 2, paragraph (a);
(2) " learning environment and
curriculum" includes, including training in establishing an
environment and providing activities that provide learning experiences to meet
each child's needs, capabilities, and interests;
(3) " assessment and planning
for individual needs" includes, including training in
observing and assessing what children know and can do in order to provide
curriculum and instruction that addresses their developmental and learning
needs, including children with special needs and bilingual children or children
for whom English is not their primary language;
(4) "interactions with children"
includes, including training in establishing supportive
relationships with children, guiding them as individuals and as part of a
group;
(5) "families and communities"
includes, including training in working collaboratively with
families and agencies or organizations to meet children's needs and to
encourage the community's involvement;
(6) "health,
safety, and nutrition" includes, including training in
establishing and maintaining an environment that ensures children's health,
safety, and nourishment, including child abuse, maltreatment, prevention, and
reporting; home and fire safety; child injury prevention; communicable disease
prevention and control; first aid; and CPR; and
(7) "program planning and
evaluation" includes, including training in establishing,
implementing, evaluating, and enhancing program operations.; and
(8) behavior guidance, including
training in the understanding of the functions of child behavior and strategies
for managing behavior.
Subd. 8. Other required training requirements. (a) The training required of family and group family child care providers and staff must include training in the cultural dynamics of early childhood development and child care. The cultural dynamics and disabilities training and skills development of child care providers must be designed to achieve outcomes for providers of child care that include, but are not limited to:
(1) an understanding and support of the importance of culture and differences in ability in children's identity development;
(2) understanding the importance of awareness of cultural differences and similarities in working with children and their families;
(3) understanding and support of the needs of families and children with differences in ability;
(4)
developing skills to help children develop unbiased attitudes about cultural
differences and differences in ability;
(5) developing skills in culturally appropriate caregiving; and
(6) developing skills in appropriate caregiving for children of different abilities.
The commissioner shall approve the curriculum for cultural dynamics and disability training.
(b) The provider must meet the training requirement in section 245A.14, subdivision 11, paragraph (a), clause (4), to be eligible to allow a child cared for at the family child care or group family child care home to use the swimming pool located at the home.
Subd. 9. Supervising
for safety; training requirement. Effective
July 1, 2014, all family child care license holders and each adult caregiver
who provides care in the licensed family child care home for more than 30 days
in any 12-month period shall complete and document at least six hours of
approved training on supervising for safety prior to initial licensure, and
before caring for children. At least two
hours of training on supervising for safety must be repeated annually. For purposes of this subdivision,
"supervising for safety" includes supervision basics, supervision
outdoors, equipment and materials, illness, injuries, and disaster preparedness. The commissioner shall develop the
supervising for safety curriculum by January 1, 2014.
Subd. 10. Approved
training. County licensing
staff must accept training approved by the Minnesota Center for Professional
Development, including:
(1) face-to-face or classroom training;
(2) online training; and
(3) relationship-based professional
development, such as mentoring, coaching, and consulting.
Subd. 11. Provider
training. New and increased
training requirements under this section must not be imposed on providers until
the commissioner establishes statewide accessibility to the required provider
training.
Sec. 22. Minnesota Statutes 2012, section 252.27, subdivision 2a, is amended to read:
Subd. 2a. Contribution
amount. (a) The natural or adoptive
parents of a minor child, including a child determined eligible for medical
assistance without consideration of parental income, must contribute to the
cost of services used by making monthly payments on a sliding scale based on
income, unless the child is married or has been married, parental rights have
been terminated, or the child's adoption is subsidized according to section
259.67 or through title IV-E of the Social Security Act. The parental contribution is a partial or
full payment for medical services provided for diagnostic, therapeutic, curing,
treating, mitigating, rehabilitation, maintenance, and personal care services
as defined in United States Code, title 26, section 213, needed by the child
with a chronic illness or disability.
(b) For households with adjusted gross
income equal to or greater than 100 275 percent of federal
poverty guidelines, the parental contribution shall be computed by applying the
following schedule of rates to the adjusted gross income of the natural or
adoptive parents:
(1) if the adjusted gross income is equal
to or greater than 100 percent of federal poverty guidelines and less than 175
percent of federal poverty guidelines, the parental contribution is $4 per
month;
(2) (1) if the adjusted gross
income is equal to or greater than 175 275 percent of federal
poverty guidelines and less than or equal to 545 percent of federal poverty
guidelines, the parental contribution shall be determined using a sliding fee
scale established by the commissioner of human services which begins at one
2.76 percent of adjusted gross income at 175 275 percent
of federal poverty guidelines and increases to 7.5 percent of adjusted gross
income for those with adjusted gross income up to 545 percent of federal
poverty guidelines;
(3) (2) if the adjusted gross
income is greater than 545 percent of federal poverty guidelines and less than
675 percent of federal poverty guidelines, the parental contribution shall be
7.5 percent of adjusted gross income;
(4) (3) if the adjusted gross income is equal to or greater than 675 percent of federal poverty guidelines and less than 975 percent of federal poverty guidelines, the parental contribution shall be determined using a sliding fee scale established by the commissioner of human services which begins at 7.5 percent of adjusted gross income at 675 percent of federal poverty guidelines and increases to ten percent of adjusted gross income for those with adjusted gross income up to 975 percent of federal poverty guidelines; and
(5) (4) if the adjusted gross
income is equal to or greater than 975 percent of federal poverty guidelines,
the parental contribution shall be 12.5 percent of adjusted gross income.
If the child lives with the parent, the annual adjusted gross income is reduced by $2,400 prior to calculating the parental contribution. If the child resides in an institution specified in section 256B.35, the parent is responsible for the personal needs allowance specified under that section in addition to the parental contribution determined under this section. The parental contribution is reduced by any amount required to be paid directly to the child pursuant to a court order, but only if actually paid.
(c) The household size to be used in determining the amount of contribution under paragraph (b) includes natural and adoptive parents and their dependents, including the child receiving services. Adjustments in the contribution amount due to annual changes in the federal poverty guidelines shall be implemented on the first day of July following publication of the changes.
(d) For purposes of paragraph (b), "income" means the adjusted gross income of the natural or adoptive parents determined according to the previous year's federal tax form, except, effective retroactive to July 1, 2003, taxable capital gains to the extent the funds have been used to purchase a home shall not be counted as income.
(e) The contribution shall be explained in writing to the parents at the time eligibility for services is being determined. The contribution shall be made on a monthly basis effective with the first month in which the child receives services. Annually upon redetermination or at termination of eligibility, if the contribution exceeded the cost of services provided, the local agency or the state shall reimburse that excess amount to the parents, either by direct reimbursement if the parent is no longer required to pay a contribution, or by a reduction in or waiver of parental fees until the excess amount is exhausted. All reimbursements must include a notice that the amount reimbursed may be taxable income if the parent paid for the parent's fees through an employer's health care flexible spending account under the Internal Revenue Code, section 125, and that the parent is responsible for paying the taxes owed on the amount reimbursed.
(f) The monthly contribution amount must be reviewed at least every 12 months; when there is a change in household size; and when there is a loss of or gain in income from one month to another in excess of ten percent. The local agency shall mail a written notice 30 days in advance of the effective date of a change in the contribution amount. A decrease in the contribution amount is effective in the month that the parent verifies a reduction in income or change in household size.
(g) Parents of a minor child who do not live with each other shall each pay the contribution required under paragraph (a). An amount equal to the annual court-ordered child support payment actually paid on behalf of the child receiving services shall be deducted from the adjusted gross income of the parent making the payment prior to calculating the parental contribution under paragraph (b).
(h) The contribution under paragraph (b) shall be increased by an additional five percent if the local agency determines that insurance coverage is available but not obtained for the child. For purposes of this section, "available" means the insurance is a benefit of employment for a family member at an annual cost of no more than five percent of the family's annual income. For purposes of this section, "insurance" means health and accident insurance coverage, enrollment in a nonprofit health service plan, health maintenance organization, self-insured plan, or preferred provider organization.
Parents who have more than one child receiving services shall not be required to pay more than the amount for the child with the highest expenditures. There shall be no resource contribution from the parents. The parent shall not be required to pay a contribution in excess of the cost of the services provided to the child, not counting payments made to school districts for education-related services. Notice of an increase in fee payment must be given at least 30 days before the increased fee is due.
(i) The
contribution under paragraph (b) shall be reduced by $300 per fiscal year if,
in the 12 months prior to July 1:
(1) the parent applied for insurance for the child;
(2) the insurer denied insurance;
(3) the parents submitted a complaint or appeal, in writing to the insurer, submitted a complaint or appeal, in writing, to the commissioner of health or the commissioner of commerce, or litigated the complaint or appeal; and
(4) as a result of the dispute, the insurer reversed its decision and granted insurance.
For purposes of this section, "insurance" has the meaning given in paragraph (h).
A parent who has requested a reduction in the contribution amount under this paragraph shall submit proof in the form and manner prescribed by the commissioner or county agency, including, but not limited to, the insurer's denial of insurance, the written letter or complaint of the parents, court documents, and the written response of the insurer approving insurance. The determinations of the commissioner or county agency under this paragraph are not rules subject to chapter 14.
(j) Notwithstanding paragraph (b), for
the period from July 1, 2010, to June 30, 2015, the parental contribution shall
be computed by applying the following contribution schedule to the adjusted
gross income of the natural or adoptive parents:
(1) if the adjusted gross income is
equal to or greater than 100 percent of federal poverty guidelines and less
than 175 percent of federal poverty guidelines, the parental contribution is $4
per month;
(2) if the adjusted gross income is
equal to or greater than 175 percent of federal poverty guidelines and less
than or equal to 525 percent of federal poverty guidelines, the parental
contribution shall be determined using a sliding fee scale established by the
commissioner of human services which begins at one percent of adjusted gross
income at 175 percent of federal poverty guidelines and increases to eight
percent of adjusted gross income for those with adjusted gross income up to 525
percent of federal poverty guidelines;
(3) if the adjusted gross income is
greater than 525 percent of federal poverty guidelines and less than 675
percent of federal poverty guidelines, the parental contribution shall be 9.5
percent of adjusted gross income;
(4) if the adjusted gross income is
equal to or greater than 675 percent of federal poverty guidelines and less
than 900 percent of federal poverty guidelines, the parental contribution shall
be determined using a sliding fee scale established by the commissioner of
human services which begins at 9.5 percent of adjusted gross income at 675
percent of federal poverty guidelines and increases to 12 percent of adjusted
gross income for those with adjusted gross income up to 900 percent of federal
poverty guidelines; and
(5) if the adjusted gross income is
equal to or greater than 900 percent of federal poverty guidelines, the
parental contribution shall be 13.5 percent of adjusted gross income. If the child lives with the parent, the
annual adjusted gross income is reduced by $2,400 prior to calculating the
parental contribution. If the child
resides in an institution specified in section 256B.35, the parent is
responsible for the personal needs allowance specified under that section in
addition to the parental contribution determined under this section. The parental contribution is reduced by any
amount required to be paid directly to the child pursuant to a court order, but
only if actually paid.
EFFECTIVE
DATE. Paragraph (b) is
effective January 1, 2014. Paragraph (j)
is effective July 1, 2013.
Sec. 23. Minnesota Statutes 2012, section 256.98, subdivision 8, is amended to read:
Subd. 8. Disqualification from program. (a) Any person found to be guilty of wrongfully obtaining assistance by a federal or state court or by an administrative hearing determination, or waiver thereof, through a disqualification consent agreement, or as part of any approved diversion plan under section 401.065, or any court-ordered stay which carries with it any probationary or other conditions, in the Minnesota family investment program and any affiliated program to include the diversionary work program and the work participation cash benefit program, the food stamp or food support program, the general assistance program, the group residential housing program, or the Minnesota supplemental aid program shall be disqualified from that program. In addition, any person disqualified from the Minnesota family investment program shall also be disqualified from the food stamp or food support program. The needs of that individual shall not be taken into consideration in determining the grant level for that assistance unit:
(1) for one year after the first offense;
(2) for two years after the second offense; and
(3) permanently after the third or subsequent offense.
The period of program disqualification shall begin on the date stipulated on the advance notice of disqualification without possibility of postponement for administrative stay or administrative hearing and shall continue through completion unless and until the findings upon which the sanctions were imposed are reversed by a court of competent jurisdiction. The period for which sanctions are imposed is not subject to review. The sanctions provided under this subdivision are in addition to, and not in substitution for, any other sanctions that may be provided for by law for the offense involved. A disqualification established through hearing or waiver shall result in the disqualification period beginning immediately unless the person has become otherwise ineligible for assistance. If the person is ineligible for assistance, the disqualification period begins when the person again meets the eligibility criteria of the program from which they were disqualified and makes application for that program.
(b) A family receiving assistance through
child care assistance programs under chapter 119B with a family member who is
found to be guilty of wrongfully obtaining child care 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, is disqualified from child care assistance programs. The disqualifications must be for periods of three
months, six months, and one year and two years for the first,
and second, and third offenses, respectively. Subsequent violations must result in
permanent disqualification. During the
disqualification period, disqualification from any child care program must
extend to all child care programs and must be immediately applied.
(c) A provider caring for children receiving assistance through child care assistance programs under chapter 119B is disqualified from receiving payment for child care services from the child care assistance program under chapter 119B when the provider is found to have wrongfully obtained child care assistance by a federal court, state court, or an administrative hearing determination or waiver under section 256.046, 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. The disqualification must be for a period of one year for the first offense and two years for the second offense. Any subsequent violation must result in permanent disqualification. The disqualification period must be imposed immediately after a determination is made under this paragraph. During the disqualification period, the provider is disqualified from receiving payment from any child care program under chapter 119B.
(d) Any person found to be guilty of wrongfully obtaining general assistance medical care, MinnesotaCare for adults without children, and upon federal approval, all categories of medical assistance and remaining categories of MinnesotaCare, except for children through age 18, by a federal or state court or by an administrative hearing
determination, or waiver thereof, through a disqualification consent agreement, or as part of any approved diversion plan under section 401.065, or any court-ordered stay which carries with it any probationary or other conditions, is disqualified from that program. The period of disqualification is one year after the first offense, two years after the second offense, and permanently after the third or subsequent offense. The period of program disqualification shall begin on the date stipulated on the advance notice of disqualification without possibility of postponement for administrative stay or administrative hearing and shall continue through completion unless and until the findings upon which the sanctions were imposed are reversed by a court of competent jurisdiction. The period for which sanctions are imposed is not subject to review. The sanctions provided under this subdivision are in addition to, and not in substitution for, any other sanctions that may be provided for by law for the offense involved.
EFFECTIVE
DATE. This section is
effective February 3, 2014.
Sec. 24. Minnesota Statutes 2012, section 256J.08, subdivision 24, is amended to read:
Subd. 24. Disregard. "Disregard" means earned income
that is not counted when determining initial eligibility in the
initial income test in section 256J.21, subdivision 3, or income that is
not counted when determining ongoing eligibility and calculating the amount
of the assistance payment for participants.
The commissioner shall determine the amount of the disregard according
to section 256J.24, subdivision 10 for ongoing eligibility shall be 50
percent of gross earned income.
EFFECTIVE
DATE. This section is
effective October 1, 2014, or upon approval from the United States Department
of Agriculture, whichever is later.
Sec. 25. Minnesota Statutes 2012, section 256J.21, subdivision 2, is amended to read:
Subd. 2. Income exclusions. The following must be excluded in determining a family's available income:
(1) payments for basic care, difficulty of care, and clothing allowances received for providing family foster care to children or adults under Minnesota Rules, parts 9555.5050 to 9555.6265, 9560.0521, and 9560.0650 to 9560.0655, and payments received and used for care and maintenance of a third-party beneficiary who is not a household member;
(2) reimbursements for employment training received through the Workforce Investment Act of 1998, United States Code, title 20, chapter 73, section 9201;
(3) reimbursement for out-of-pocket expenses incurred while performing volunteer services, jury duty, employment, or informal carpooling arrangements directly related to employment;
(4) all educational assistance, except the county agency must count graduate student teaching assistantships, fellowships, and other similar paid work as earned income and, after allowing deductions for any unmet and necessary educational expenses, shall count scholarships or grants awarded to graduate students that do not require teaching or research as unearned income;
(5) loans, regardless of purpose, from public or private lending institutions, governmental lending institutions, or governmental agencies;
(6) loans from private individuals, regardless of purpose, provided an applicant or participant documents that the lender expects repayment;
(7)(i) state income tax refunds; and
(ii) federal income tax refunds;
(8)(i) federal earned income credits;
(ii) Minnesota working family credits;
(iii) state homeowners and renters credits under chapter 290A; and
(iv) federal or state tax rebates;
(9)
funds received for reimbursement, replacement, or rebate of personal or real
property when these payments are made by public agencies, awarded by a court,
solicited through public appeal, or made as a grant by a federal agency, state
or local government, or disaster assistance organizations, subsequent to a
presidential declaration of disaster;
(10) the portion of an insurance settlement that is used to pay medical, funeral, and burial expenses, or to repair or replace insured property;
(11) reimbursements for medical expenses that cannot be paid by medical assistance;
(12) payments by a vocational rehabilitation program administered by the state under chapter 268A, except those payments that are for current living expenses;
(13) in-kind income, including any payments directly made by a third party to a provider of goods and services;
(14) assistance payments to correct underpayments, but only for the month in which the payment is received;
(15) payments for short-term emergency needs under section 256J.626, subdivision 2;
(16) funeral and cemetery payments as provided by section 256.935;
(17) nonrecurring cash gifts of $30 or less, not exceeding $30 per participant in a calendar month;
(18) any form of energy assistance payment made through Public Law 97-35, Low-Income Home Energy Assistance Act of 1981, payments made directly to energy providers by other public and private agencies, and any form of credit or rebate payment issued by energy providers;
(19) Supplemental Security Income (SSI), including retroactive SSI payments and other income of an SSI recipient, except as described in section 256J.37, subdivision 3b;
(20) Minnesota supplemental aid, including retroactive payments;
(21) proceeds from the sale of real or personal property;
(22) state adoption assistance payments under section 259.67, and up to an equal amount of county adoption assistance payments;
(23)
state-funded family subsidy program payments made under section 252.32 to help
families care for children with developmental disabilities, consumer support
grant funds under section 256.476, and resources and services for a disabled
household member under one of the home and community-based waiver services
programs under chapter 256B;
(24)
interest payments and dividends from property that is not excluded from and
that does not exceed the asset limit;
(25) rent rebates;
(26) income earned by a minor caregiver, minor child through age 6, or a minor child who is at least a half-time student in an approved elementary or secondary education program;
(27) income earned by a caregiver under age 20 who is at least a half-time student in an approved elementary or secondary education program;
(28) MFIP child care payments under section 119B.05;
(29) all other payments made through MFIP to support a caregiver's pursuit of greater economic stability;
(30) income a participant receives related to shared living expenses;
(31) reverse mortgages;
(32) benefits provided by the Child Nutrition Act of 1966, United States Code, title 42, chapter 13A, sections 1771 to 1790;
(33) benefits provided by the women, infants, and children (WIC) nutrition program, United States Code, title 42, chapter 13A, section 1786;
(34)
benefits from the National School Lunch Act, United States Code, title 42,
chapter 13, sections 1751 to 1769e;
(35) relocation assistance for displaced persons under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, United States Code, title 42, chapter 61, subchapter II, section 4636, or the National Housing Act, United States Code, title 12, chapter 13, sections 1701 to 1750jj;
(36) benefits from the Trade Act of 1974, United States Code, title 19, chapter 12, part 2, sections 2271 to 2322;
(37) war reparations payments to Japanese Americans and Aleuts under United States Code, title 50, sections 1989 to 1989d;
(38) payments to veterans or their dependents as a result of legal settlements regarding Agent Orange or other chemical exposure under Public Law 101-239, section 10405, paragraph (a)(2)(E);
(39) income that is otherwise specifically excluded from MFIP consideration in federal law, state law, or federal regulation;
(40) security and utility deposit refunds;
(41)
American Indian tribal land settlements excluded under Public Laws 98-123,
98-124, and 99-377 to the Mississippi Band Chippewa Indians of White Earth,
Leech Lake, and Mille Lacs reservations and payments to members of the White
Earth Band, under United States Code, title 25, chapter 9, section 331, and
chapter 16, section 1407;
(42) all income of the minor parent's parents and stepparents when determining the grant for the minor parent in households that include a minor parent living with parents or stepparents on MFIP with other children;
(43) income of the minor parent's parents and stepparents equal to 200 percent of the federal poverty guideline for a family size not including the minor parent and the minor parent's child in households that include a minor parent living with parents or stepparents not on MFIP when determining the grant for the minor parent. The remainder of income is deemed as specified in section 256J.37, subdivision 1b;
(44) payments made to children eligible for relative custody assistance under section 257.85;
(45) vendor payments for goods and services made on behalf of a client unless the client has the option of receiving the payment in cash;
(46) the principal portion of a contract for
deed payment; and
(47) cash payments to individuals enrolled
for full-time service as a volunteer under AmeriCorps programs including
AmeriCorps VISTA, AmeriCorps State, AmeriCorps National, and AmeriCorps NCCC;
and
(48) housing assistance grants under section 256J.35, paragraph (a).
Sec. 26. Minnesota Statutes 2012, section 256J.21, subdivision 3, is amended to read:
Subd. 3. Initial
income test. The county agency shall
determine initial eligibility by considering all earned and unearned income
that is not excluded under subdivision 2.
To be eligible for MFIP, the assistance unit's countable income minus
the disregards in paragraphs (a) and (b) must be below the transitional
standard of assistance family wage level according to section 256J.24
for that size assistance unit.
(a) The initial eligibility determination must disregard the following items:
(1) the employment disregard is 18 percent of the gross earned income whether or not the member is working full time or part time;
(2) dependent care costs must be deducted from gross earned income for the actual amount paid for dependent care up to a maximum of $200 per month for each child less than two years of age, and $175 per month for each child two years of age and older under this chapter and chapter 119B;
(3) all payments made according to a court order for spousal support or the support of children not living in the assistance unit's household shall be disregarded from the income of the person with the legal obligation to pay support, provided that, if there has been a change in the financial circumstances of the person with the legal obligation to pay support since the support order was entered, the person with the legal obligation to pay support has petitioned for a modification of the support order; and
(4) an allocation for the unmet need of an ineligible spouse or an ineligible child under the age of 21 for whom the caregiver is financially responsible and who lives with the caregiver according to section 256J.36.
(b) Notwithstanding paragraph (a), when determining initial eligibility for applicant units when at least one member has received MFIP in this state within four months of the most recent application for MFIP, apply the disregard as defined in section 256J.08, subdivision 24, for all unit members.
After initial eligibility is established, the assistance payment calculation is based on the monthly income test.
EFFECTIVE
DATE. This section is
effective October 1, 2014, or upon approval from the United States Department
of Agriculture, whichever is later.
Sec. 27. Minnesota Statutes 2012, 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 amount of the
transitional standard is published annually by the Department of Human
Services.
EFFECTIVE
DATE. This section is effective
January 1, 2015.
Sec. 28. Minnesota Statutes 2012, section 256J.24, subdivision 7, is amended to read:
Subd. 7. Family
wage level. The family wage level is
110 percent of the transitional standard under subdivision 5 or 6, when
applicable, and is the standard used when there is earned income in the
assistance unit. As specified in section
256J.21. If there is earned
income in the assistance unit, earned income is subtracted from the family
wage level to determine the amount of the assistance payment, as specified
in section 256J.21. The assistance
payment may not exceed the transitional standard under subdivision 5 or 6, or
the shared household standard under subdivision 9, whichever is applicable, for
the assistance unit.
EFFECTIVE
DATE. This section is
effective October 1, 2014, or upon approval from the United States Department
of Agriculture, whichever is later.
Sec. 29. Minnesota Statutes 2012, section 256J.35, is amended to read:
256J.35
AMOUNT OF ASSISTANCE PAYMENT.
Except as provided in paragraphs (a) to (c)
(d), the amount of an assistance payment is equal to the difference
between the MFIP standard of need or the Minnesota family wage level in section
256J.24 and countable income.
(a) Beginning July 1, 2015, MFIP assistance
units are eligible for an MFIP housing assistance grant of $110 per month,
unless:
(1) the housing assistance unit is
currently receiving public and assisted rental subsidies provided through the
Department of Housing and Urban Development (HUD) and is subject to section
256J.37, subdivision 3a; or
(2) the assistance unit is a child-only
case under section 256J.88.
(a) (b) When MFIP
eligibility exists for the month of application, the amount of the assistance
payment for the month of application must be prorated from the date of
application or the date all other eligibility factors are met for that
applicant, whichever is later. This
provision applies when an applicant loses at least one day of MFIP eligibility.
(b) (c) MFIP overpayments to
an assistance unit must be recouped according to section 256J.38, subdivision
4.
(c) (d) An initial assistance payment must not
be made to an applicant who is not eligible on the date payment is made.
Sec. 30. Minnesota Statutes 2012, section 256J.621, is amended to read:
256J.621
WORK PARTICIPATION CASH BENEFITS.
Subdivision 1. Program characteristics. (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 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.
Subd. 2. Program
suspension. (a) Effective
December 1, 2014, the work participation cash benefits program shall be
suspended.
(b) The commissioner of human services
may reinstate the work participation cash benefits program if the United States
Department of Human Services determines that the state of Minnesota did not
meet the federal TANF work participation rate and sends a notice of penalty to
reduce Minnesota's federal TANF block grant authorized under title I of Public
Law 104-193, the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996, and under Public Law 109-171, the Deficit Reduction Act of 2005.
(c) The commissioner shall notify the
chairs and ranking minority members of the legislative committees with
jurisdiction over human services policy and finance of the potential penalty
and the commissioner's plans to reinstate the work participation cash benefit
program within 30 days of the date the commissioner receives notification that
the state failed to meet the federal work participation rate.
Sec. 31. Minnesota Statutes 2012, section 256J.626, subdivision 7, is amended to read:
Subd. 7. Performance
base funds. (a) For the purpose
of this section, the following terms have the meanings given.
(1)
"Caseload Reduction Credit" (CRC) means the measure of how much
Minnesota TANF and separate state program caseload has fallen relative to
federal fiscal year 2005 based on caseload data from October 1 to September 30.
(2)
"TANF participation rate target" means a 50 percent participation
rate reduced by the CRC for the previous year.
(b) (a) For calendar year 2010
2016 and yearly thereafter, each county and tribe will must
be allocated 95 100 percent of their initial calendar year
allocation. Allocations for
counties and tribes will must be allocated additional funds
adjusted based on performance as follows:
(1) a county or tribe that achieves the
TANF participation rate target or a five percentage point improvement over the
previous year's TANF participation rate under section 256J.751, subdivision 2,
clause (7), as averaged across 12 consecutive months for the most recent year
for which the measurements are available, will receive an additional allocation
equal to 2.5 percent of its initial allocation;
(2) (1) a county or tribe that
performs within or above its range of expected performance on the
annualized three-year self-support index under section 256J.751, subdivision 2,
clause (6), will must receive an additional allocation equal to
2.5 percent of its initial allocation; and
(3) a county or tribe that does not
achieve the TANF participation rate target or a five percentage point
improvement over the previous year's TANF participation rate under section
256J.751, subdivision 2, clause (7), as averaged across 12 consecutive months
for the most recent year for which the measurements are available, will not
receive an additional 2.5 percent of its initial allocation until after
negotiating a multiyear improvement plan with the commissioner; or
(4) (2) a county or
tribe that does not perform within or above performs below its
range of expected performance on the annualized three-year self-support index
under section 256J.751, subdivision 2, clause (6), will not receive an
additional allocation equal to 2.5 percent of its initial allocation until
after negotiating for two consecutive years must negotiate a
multiyear improvement plan with the commissioner. If no improvement is shown by the end of
the multiyear plan, the county's or tribe's allocation must be decreased by 2.5
percent. The decrease must remain in
effect until the county or tribe performs within or above its range of expected
performance.
(c) (b) For calendar year 2009
2016 and yearly thereafter, performance-based funds for a federally
approved tribal TANF program in which the state and tribe have in place a
contract under section 256.01, addressing consolidated funding, will must
be allocated as follows:
(1) a tribe that achieves the
participation rate approved in its federal TANF plan using the average of 12
consecutive months for the most recent year for which the measurements are
available, will receive an additional allocation equal to 2.5 percent of its
initial allocation; and
(2) (1) a tribe that performs within
or above its range of expected performance on the annualized three-year
self-support index under section 256J.751, subdivision 2, clause (6), will
must receive an additional allocation equal to 2.5 percent of its
initial allocation; or
(3) a tribe that does not achieve the
participation rate approved in its federal TANF plan using the average of 12
consecutive months for the most recent year for which the measurements are
available, will not receive an additional allocation equal to 2.5 percent of
its initial allocation until after negotiating a multiyear improvement plan
with the commissioner; or
(4) (2) a tribe that does
not perform within or above performs below its range of expected
performance on the annualized three-year self-support index under section
256J.751, subdivision 2, clause (6), will not receive an additional allocation
equal to 2.5 percent until after negotiating for two consecutive years
must negotiate a multiyear improvement plan with the commissioner. If no improvement is shown by the end of
the multiyear plan, the tribe's allocation must be decreased by 2.5 percent. The decrease must remain in effect until the
tribe performs within or above its range of expected performance.
(d) (c) Funds remaining
unallocated after the performance-based allocations in paragraph (b) (a)
are available to the commissioner for innovation projects under subdivision 5.
(1) (d) If available funds are
insufficient to meet county and tribal allocations under paragraph paragraphs
(a) and (b), the commissioner may make available for allocation funds
that are unobligated and available from the innovation projects through the end
of the current biennium shall proportionally prorate funds to counties
and tribes that qualify for a bonus under paragraphs (a), clause (1), and (b),
clause (2).
(2) If after the application of clause
(1) funds remain insufficient to meet county and tribal allocations under
paragraph (b), the commissioner must proportionally reduce the allocation of
each county and tribe with respect to their maximum allocation available under
paragraph (b).
Sec. 32. [256J.78]
TANF DEMONSTRATION PROJECTS OR WAIVER FROM FEDERAL RULES AND REGULATIONS.
Subdivision 1. Duties
of the commissioner. The
commissioner of human services may pursue TANF demonstration projects or
waivers of TANF requirements from the United States Department of Health and
Human Services as needed to allow the state to build a more results-oriented
Minnesota Family Investment Program to better meet the needs of Minnesota
families.
Subd. 2. Purpose. The purpose of the TANF demonstration
projects or waivers is to:
(1) replace the federal TANF process
measure and its complex administrative requirements with state-developed
outcomes measures that track adult employment and exits from MFIP cash
assistance;
(2) simplify programmatic and
administrative requirements; and
(3) make other policy or programmatic
changes that improve the performance of the program and the outcomes for
participants.
Subd. 3. Report
to legislature. The
commissioner shall report to the members of the legislative committees having
jurisdiction over human services issues by March 1, 2014, regarding the
progress of this waiver or demonstration project.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 33. Minnesota Statutes 2012, section 256K.45, is amended to read:
256K.45
RUNAWAY AND HOMELESS YOUTH ACT.
Subdivision 1. Grant
program established. The
commissioner of human services shall establish a Homeless Youth Act fund and
award grants to providers who are committed to serving homeless youth and youth
at risk of homelessness, to provide street and community outreach and drop-in
programs, emergency shelter programs, and integrated supportive housing and
transitional living programs, consistent with the program descriptions in this
act to reduce the incidence of homelessness among youth.
Subdivision 1. Subd. 1a. Definitions. (a) The definitions in this subdivision
apply to this section.
(b) "Commissioner" means the commissioner of human services.
(c) "Homeless youth" means a person 21 years of age or younger who is unaccompanied by a parent or guardian and is without shelter where appropriate care and supervision are available, whose parent or legal guardian is unable or unwilling to provide shelter and care, or who lacks a fixed, regular, and adequate nighttime residence. The following are not fixed, regular, or adequate nighttime residences:
(1) a supervised publicly or privately operated shelter designed to provide temporary living accommodations;
(2) an
institution or a publicly or privately operated shelter designed to provide
temporary living accommodations;
(3) transitional housing;
(4) a temporary placement with a peer, friend, or family member that has not offered permanent residence, a residential lease, or temporary lodging for more than 30 days; or
(5) a public or private place not designed for, nor ordinarily used as, a regular sleeping accommodation for human beings.
Homeless youth does not include persons incarcerated or otherwise detained under federal or state law.
(d) "Youth at risk of homelessness" means a person 21 years of age or younger whose status or circumstances indicate a significant danger of experiencing homelessness in the near future. Status or circumstances that indicate a significant danger may include: (1) youth exiting out-of-home placements; (2) youth who previously were
homeless; (3) youth whose parents or primary caregivers are or were previously homeless; (4) youth who are exposed to abuse and neglect in their homes; (5) youth who experience conflict with parents due to chemical or alcohol dependency, mental health disabilities, or other disabilities; and (6) runaways.
(e) "Runaway" means an unmarried child under the age of 18 years who is absent from the home of a parent or guardian or other lawful placement without the consent of the parent, guardian, or lawful custodian.
Subd. 2. Homeless
and runaway youth report. The
commissioner shall develop a report for homeless youth, youth at risk
of homelessness, and runaways. The
report shall include coordination of services as defined under
subdivisions 3 to 5 prepare a biennial report, beginning in February
2015, which provides meaningful information to the legislative committees
having jurisdiction over the issue of homeless youth, that includes, but is not
limited to: (1) a list of the areas of
the state with the greatest need for services and housing for homeless youth,
and the level and nature of the needs identified; (2) details about grants
made; (3) the distribution of funds throughout the state based on population
need; (4) follow-up information, if available, on the status of homeless youth
and whether they have stable housing two years after services are provided; and
(5) any other outcomes for populations served to determine the effectiveness of
the programs and use of funding.
Subd. 3. Street and community outreach and drop-in program. Youth drop-in centers must provide walk-in access to crisis intervention and ongoing supportive services including one-to-one case management services on a self-referral basis. Street and community outreach programs must locate, contact, and provide information, referrals, and services to homeless youth, youth at risk of homelessness, and runaways. Information, referrals, and services provided may include, but are not limited to:
(1) family reunification services;
(2) conflict resolution or mediation counseling;
(3) assistance in obtaining temporary emergency shelter;
(4) assistance in obtaining food, clothing, medical care, or mental health counseling;
(5) counseling regarding violence, prostitution
sexual exploitation, substance abuse, sexually transmitted diseases, and
pregnancy;
(6) referrals to other agencies that provide support services to homeless youth, youth at risk of homelessness, and runaways;
(7) assistance with education, employment, and independent living skills;
(8) aftercare services;
(9) specialized services for highly vulnerable runaways and homeless youth, including teen parents, emotionally disturbed and mentally ill youth, and sexually exploited youth; and
(10) homelessness prevention.
Subd. 4. Emergency shelter program. (a) Emergency shelter programs must provide homeless youth and runaways with referral and walk-in access to emergency, short-term residential care. The program shall provide homeless youth and runaways with safe, dignified shelter, including private shower facilities, beds, and at least one meal each day; and shall assist a runaway and homeless youth with reunification with the family or legal guardian when required or appropriate.
(b) The services provided at emergency shelters may include, but are not limited to:
(1) family reunification services;
(2) individual, family, and group counseling;
(3) assistance obtaining clothing;
(4) access to medical and dental care and mental health counseling;
(5) education and employment services;
(6) recreational activities;
(7) advocacy and referral services;
(8) independent living skills training;
(9) aftercare and follow-up services;
(10) transportation; and
(11) homelessness prevention.
Subd. 5. Supportive housing and transitional living programs. Transitional living programs must help homeless youth and youth at risk of homelessness to find and maintain safe, dignified housing. The program may also provide rental assistance and related supportive services, or refer youth to other organizations or agencies that provide such services. Services provided may include, but are not limited to:
(1) educational assessment and referrals to educational programs;
(2) career planning, employment, work skill training, and independent living skills training;
(3) job placement;
(4) budgeting and money management;
(5) assistance in securing housing appropriate to needs and income;
(6) counseling regarding violence, prostitution
sexual exploitation, substance abuse, sexually transmitted diseases, and
pregnancy;
(7) referral for medical services or chemical dependency treatment;
(8) parenting skills;
(9) self-sufficiency support services or life skill training;
(10) aftercare and follow-up services; and
(11) homelessness prevention.
Subd. 6. Funding. Any Funds appropriated for this
section may be expended on programs described under subdivisions 3 to 5,
technical assistance, and capacity building.
Up to four percent of funds appropriated may be used for the purpose of
monitoring and evaluating runaway and homeless youth programs receiving funding
under this section. Funding shall be
directed to meet the greatest need, with a significant share of the funding
focused on homeless youth providers in greater Minnesota to meet the
greatest need on a statewide basis.
Sec. 34. Minnesota Statutes 2012, section 256M.40, subdivision 1, is amended to read:
Subdivision 1. Formula. The commissioner shall allocate state funds appropriated under this chapter to each county board on a calendar year basis in an amount determined according to the formula in paragraphs (a) to (e).
(a) For calendar years 2011 and 2012, the commissioner shall allocate available funds to each county in proportion to that county's share in calendar year 2010.
(b) For calendar year 2013 and each calendar year thereafter, the commissioner shall allocate available funds to each county as follows:
(1) 75 percent must be distributed on the basis of the county share in calendar year 2012;
(2) five percent must be distributed on the basis of the number of persons residing in the county as determined by the most recent data of the state demographer;
(3) ten percent must be distributed on the basis of the number of vulnerable children that are subjects of reports under chapter 260C and sections 626.556 and 626.5561, and in the county as determined by the most recent data of the commissioner; and
(4) ten percent must be distributed on the basis of the number of vulnerable adults that are subjects of reports under section 626.557 in the county as determined by the most recent data of the commissioner.
(c) For calendar year 2014, the
commissioner shall allocate available funds to each county as follows:
(1) 50 percent must be distributed on
the basis of the county share in calendar year 2012;
(2) Ten percent must be distributed on
the basis of the number of persons residing in the county as determined by the
most recent data of the state demographer;
(3) 20 percent must be distributed on
the basis of the number of vulnerable children that are subjects of reports
under chapter 260C and sections 626.556 and 626.5561, in the county as
determined by the most recent data of the commissioner; and
(4) 20 percent must be distributed on
the basis of the number of vulnerable adults that are subjects of reports under
section 626.557 in the county as determined by the most recent data of the
commissioner The commissioner is precluded from changing the formula
under this subdivision or recommending a change to the legislature without
public review and input.
(d) For calendar year 2015, the
commissioner shall allocate available funds to each county as follows:
(1) 25 percent must be distributed on
the basis of the county share in calendar year 2012;
(2) 15 percent must be distributed on
the basis of the number of persons residing in the county as determined by the
most recent data of the state demographer;
(3) 30 percent must be
distributed on the basis of the number of vulnerable children that are subjects
of reports under chapter 260C and sections 626.556 and 626.5561, in the county
as determined by the most recent data of the commissioner; and
(4) 30 percent must be distributed on
the basis of the number of vulnerable adults that are subjects of reports under
section 626.557 in the county as determined by the most recent data of the
commissioner.
(e) For calendar year 2016 and each
calendar year thereafter, the commissioner shall allocate available funds to
each county as follows:
(1) 20 percent must be distributed on
the basis of the number of persons residing in the county as determined by the
most recent data of the state demographer;
(2) 40 percent must be distributed on
the basis of the number of vulnerable children that are subjects of reports
under chapter 260C and sections 626.556 and 626.5561, in the county as
determined by the most recent data of the commissioner; and
(3) 40 percent must be distributed on
the basis of the number of vulnerable adults that are subjects of reports under
section 626.557 in the county as determined by the most recent data of the
commissioner.
Sec. 35. Minnesota Statutes 2012, section 257.0755, subdivision 1, is amended to read:
Subdivision 1. Creation. One Each ombudsperson shall
operate independently from but in collaboration with each of the following
groups the community-specific board that appointed the ombudsperson
under section 257.0768: the Indian
Affairs Council, the Council on Affairs of Chicano/Latino people, the Council
on Black Minnesotans, and the Council on Asian-Pacific Minnesotans.
Sec. 36. Minnesota Statutes 2012, section 259A.20, subdivision 4, is amended to read:
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, the local school district, the 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, unemployed due to a disability as defined in section 259A.01, subdivision 14, or attending educational or vocational training programs. Documentation from a qualified expert that is dated within the last 12 months must be provided to verify the disability. If a parent is 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. 37. Minnesota Statutes 2012, section 260B.007, subdivision 6, is amended to read:
Subd. 6. Delinquent child. (a) Except as otherwise provided in paragraphs (b) and (c), "delinquent child" means a child:
(1) who has violated any state or local law, except as provided in section 260B.225, subdivision 1, and except for juvenile offenders as described in subdivisions 16 to 18;
(2) who
has violated a federal law or a law of another state and whose case has been
referred to the juvenile court if the violation would be an act of delinquency
if committed in this state or a crime or offense if committed by an adult;
(3) who has escaped from confinement to a state juvenile correctional facility after being committed to the custody of the commissioner of corrections; or
(4) who has escaped from confinement to a local juvenile correctional facility after being committed to the facility by the court.
(b) The term delinquent child does not include a child alleged to have committed murder in the first degree after becoming 16 years of age, but the term delinquent child does include a child alleged to have committed attempted murder in the first degree.
(c) The term delinquent child does not
include a child under the age of 16 years alleged to have engaged in
conduct which would, if committed by an adult, violate any federal, state, or
local law relating to being hired, offering to be hired, or agreeing to be
hired by another individual to engage in sexual penetration or sexual conduct.
EFFECTIVE
DATE. This section is
effective August 1, 2014, and applies to offenses committed on or after that
date.
Sec. 38. Minnesota Statutes 2012, section 260B.007, subdivision 16, is amended to read:
Subd. 16. Juvenile petty offender; juvenile petty offense. (a) "Juvenile petty offense" includes a juvenile alcohol offense, a juvenile controlled substance offense, a violation of section 609.685, or a violation of a local ordinance, which by its terms prohibits conduct by a child under the age of 18 years which would be lawful conduct if committed by an adult.
(b) Except as otherwise provided in paragraph (c), "juvenile petty offense" also includes an offense that would be a misdemeanor if committed by an adult.
(c) "Juvenile petty offense" does not include any of the following:
(1) a misdemeanor-level violation of section 518B.01, 588.20, 609.224, 609.2242, 609.324, subdivision 2 or 3, 609.5632, 609.576, 609.66, 609.746, 609.748, 609.79, or 617.23;
(2) a major traffic offense or an adult court traffic offense, as described in section 260B.225;
(3) a misdemeanor-level offense committed by a child whom the juvenile court previously has found to have committed a misdemeanor, gross misdemeanor, or felony offense; or
(4) a misdemeanor-level offense committed by a child whom the juvenile court has found to have committed a misdemeanor-level juvenile petty offense on two or more prior occasions, unless the county attorney designates the child on the petition as a juvenile petty offender notwithstanding this prior record. As used in this clause, "misdemeanor-level juvenile petty offense" includes a misdemeanor-level offense that would have been a juvenile petty offense if it had been committed on or after July 1, 1995.
(d) A child who commits a juvenile petty
offense is a "juvenile petty offender." The term juvenile petty offender does not include a child under the age
of 16 years alleged to have violated any law relating to being hired,
offering to be hired, or agreeing to be hired by another individual to engage
in sexual penetration or sexual conduct which, if committed by an adult, would
be a misdemeanor.
EFFECTIVE
DATE. This section is
effective August 1, 2014, and applies to offenses committed on or after that
date.
Sec. 39. Minnesota Statutes 2012, section 260C.007, subdivision 6, is amended to read:
Subd. 6. Child in need of protection or services. "Child in need of protection or services" means a child who is in need of protection or services because the child:
(1) is abandoned or without parent, guardian, or custodian;
(2)(i) has been a victim of physical or sexual abuse as defined in section 626.556, subdivision 2, (ii) resides with or has resided with a victim of child abuse as defined in subdivision 5 or domestic child abuse as defined in subdivision 13, (iii) resides with or would reside with a perpetrator of domestic child abuse as defined in subdivision 13 or child abuse as defined in subdivision 5 or 13, or (iv) is a victim of emotional maltreatment as defined in subdivision 15;
(3) is without necessary food, clothing, shelter, education, or other required care for the child's physical or mental health or morals because the child's parent, guardian, or custodian is unable or unwilling to provide that care;
(4) is without the special care made necessary by a physical, mental, or emotional condition because the child's parent, guardian, or custodian is unable or unwilling to provide that care;
(5) is medically neglected, which includes, but is not limited to, the withholding of medically indicated treatment from a disabled infant with a life-threatening condition. The term "withholding of medically indicated treatment" means the failure to respond to the infant's life-threatening conditions by providing treatment, including appropriate nutrition, hydration, and medication which, in the treating physician's or physicians' reasonable medical judgment, will be most likely to be effective in ameliorating or correcting all conditions, except that the term does not include the failure to provide treatment other than appropriate nutrition, hydration, or medication to an infant when, in the treating physician's or physicians' reasonable medical judgment:
(i) the infant is chronically and irreversibly comatose;
(ii) the provision of the treatment would merely prolong dying, not be effective in ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be futile in terms of the survival of the infant; or
(iii) the provision of the treatment would be virtually futile in terms of the survival of the infant and the treatment itself under the circumstances would be inhumane;
(6) is one whose parent, guardian, or other custodian for good cause desires to be relieved of the child's care and custody, including a child who entered foster care under a voluntary placement agreement between the parent and the responsible social services agency under section 260C.227;
(7) has been placed for adoption or care in violation of law;
(8) is without proper parental care because of the emotional, mental, or physical disability, or state of immaturity of the child's parent, guardian, or other custodian;
(9) is one whose behavior, condition, or environment is such as to be injurious or dangerous to the child or others. An injurious or dangerous environment may include, but is not limited to, the exposure of a child to criminal activity in the child's home;
(10) is experiencing growth delays, which may be referred to as failure to thrive, that have been diagnosed by a physician and are due to parental neglect;
(11) has engaged in prostitution as
defined in section 609.321, subdivision 9 is a sexually exploited youth;
(12) has committed a delinquent act or a juvenile petty offense before becoming ten years old;
(13) is a runaway;
(14) is a habitual truant;
(15) has been found incompetent to proceed
or has been found not guilty by reason of mental illness or mental deficiency
in connection with a delinquency proceeding, a certification under section
260B.125, an extended jurisdiction juvenile prosecution, or a proceeding
involving a juvenile petty offense; or
(16) has a parent whose parental rights to
one or more other children were involuntarily terminated or whose custodial
rights to another child have been involuntarily transferred to a relative and
there is a case plan prepared by the responsible social services agency
documenting a compelling reason why filing the termination of parental rights
petition under section 260C.301, subdivision 3, is not in the best interests of
the child; or.
(17) is a sexually exploited
youth.
EFFECTIVE
DATE. This section is
effective August 1, 2014.
Sec. 40. Minnesota Statutes 2012, section 260C.007, subdivision 31, is amended to read:
Subd. 31. Sexually exploited youth. "Sexually exploited youth" means an individual who:
(1) is alleged to have engaged in conduct which would, if committed by an adult, violate any federal, state, or local law relating to being hired, offering to be hired, or agreeing to be hired by another individual to engage in sexual penetration or sexual conduct;
(2) is a victim of a crime described in section 609.342, 609.343, 609.344, 609.345, 609.3451, 609.3453, 609.352, 617.246, or 617.247;
(3) is a victim of a crime described in United States Code, title 18, section 2260; 2421; 2422; 2423; 2425; 2425A; or 2256; or
(4) is a sex trafficking victim as defined in section 609.321, subdivision 7b.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 41. Minnesota Statutes 2012, section 518A.60, is amended to read:
518A.60
COLLECTION; ARREARS ONLY.
(a) Remedies available for the collection and enforcement of support in this chapter and chapters 256, 257, 518, and 518C also apply to cases in which the child or children for whom support is owed are emancipated and the obligor owes past support or has an accumulated arrearage as of the date of the youngest child's emancipation. Child support arrearages under this section include arrearages for child support, medical support, child care, pregnancy and birth expenses, and unreimbursed medical expenses as defined in section 518A.41, subdivision 1, paragraph (h).
(b) This section applies retroactively to any support arrearage that accrued on or before June 3, 1997, and to all arrearages accruing after June 3, 1997.
(c) Past support or pregnancy and confinement expenses ordered for which the obligor has specific court ordered terms for repayment may not be enforced using drivers' and occupational or professional license suspension, credit bureau reporting, and additional income withholding under section 518A.53, subdivision 10, paragraph (a), unless the obligor fails to comply with the terms of the court order for repayment.
(d) If an arrearage exists at the time a support order would otherwise terminate and section 518A.53, subdivision 10, paragraph (c), does not apply to this section, the arrearage shall be repaid in an amount equal to the current support order until all arrears have been paid in full, absent a court order to the contrary.
(e) If an arrearage exists according to a support order which fails to establish a monthly support obligation in a specific dollar amount, the public authority, if it provides child support services, or the obligee, may establish a payment agreement which shall equal what the obligor would pay for current support after application of section 518A.34, plus an additional 20 percent of the current support obligation, until all arrears have been paid in full. If the obligor fails to enter into or comply with a payment agreement, the public authority, if it provides child support services, or the obligee, may move the district court or child support magistrate, if section 484.702 applies, for an order establishing repayment terms.
(f) If there is no longer a
current support order because all of the children of the order are emancipated,
the public authority may discontinue child support services and close its case
under title IV-D of the Social Security Act if:
(1) the arrearage is under $500; or
(2) the arrearage is considered
unenforceable by the public authority because there have been no collections
for three years, and all administrative and legal remedies have been attempted
or are determined by the public authority to be ineffective because the obligor
is unable to pay, the obligor has no known income or assets, and there is no
reasonable prospect that the obligor will be able to pay in the foreseeable
future.
(g) At
least 60 calendar days before the discontinuation of services under paragraph
(f), the public authority must mail a written notice to the obligee and obligor
at the obligee's and obligor's last known addresses that the public authority
intends to close the child support enforcement case and explaining each party's
rights. Seven calendar days after the
first notice is mailed, the public authority must mail a second notice under
this paragraph to the obligee.
(h) The case must be kept open if the
obligee responds before case closure and provides information that could
reasonably lead to collection of arrears.
If the case is closed, the obligee may later request that the case be
reopened by completing a new application for services, if there is a change in
circumstances that could reasonably lead to the collection of arrears.
Sec. 42. Laws 1998, chapter 407, article 6, section 116, is amended to read:
Sec. 116. EBT
TRANSACTION COSTS; APPROVAL FROM LEGISLATURE. The commissioner of human services shall request
and receive approval from the legislature before adjusting the payment to not
subsidize retailers for electronic benefit transfer transaction costs
Supplemental Nutrition Assistance Program transactions.
EFFECTIVE
DATE. This section is
effective 30 days after the commissioner notifies retailers of the termination
of their agreement with the state. The
commissioner of human services must notify the revisor of statutes of that
date.
Sec. 43. Laws 2011, First Special Session chapter 9, article 1, section 3, the effective date, is amended to read:
EFFECTIVE
DATE. This section is effective January
1, 2013 July 1, 2014.
EFFECTIVE
DATE. This section is
effective retroactively from January 1, 2013.
Sec. 44. DIRECTION
TO COMMISSIONERS; INCOME AND ASSET EXCLUSION.
(a) The commissioner of human services
shall not count conditional cash transfers made to families participating in a
family independence demonstration as income or assets for purposes of determining
or redetermining eligibility for child care assistance programs under Minnesota
Statutes, chapter 119B; general assistance under Minnesota Statutes, chapter
256D; group residential housing under Minnesota Statutes, chapter 256I; the
Minnesota family investment program, work benefit program, or diversionary work
program under Minnesota Statutes, chapter 256J, during the duration of the
demonstration.
(b)
The commissioner of human services shall not count conditional cash transfers
made to families participating in a family independence demonstration as income
or assets for purposes of determining or redetermining eligibility for medical
assistance under Minnesota Statutes, chapter 256B, and MinnesotaCare under
Minnesota Statutes, chapter 256L, except that for enrollees subject to a
modified adjusted gross income calculation to determine eligibility, the
conditional cash transfer payments shall be counted as income if they are
included on the enrollee's federal tax return as income, or if the payments can
be taken into account in the month of receipt as a lump sum payment.
(c) The commissioner of the
Minnesota Housing Finance Agency shall not count conditional cash transfers
made to families participating in a family independence demonstration as income
or assets for purposes of determining or redetermining eligibility for housing
assistance programs under Minnesota Statutes, section 462A.201, during the
duration of the demonstration.
(d) For the purposes of this section:
(1) "conditional cash transfer" means a payment made to a participant in a family independence demonstration by a sponsoring organization to incent, support, or facilitate participation; and
(2) "family independence
demonstration" means an initiative sponsored or cosponsored by a governmental
or nongovernmental organization, the goal of which is to facilitate
individualized goal-setting and peer support for cohorts of no more than 12
families each toward the development of financial and nonfinancial assets that
enable the participating families to achieve financial independence.
(e) The citizens league shall provide a
report to the legislative committees having jurisdiction over human services
issues by July 1, 2016, informing the legislature on the progress and outcomes
of the demonstration under this section.
Sec. 45. REDUCTION
OF YOUTH HOMELESSNESS.
(a) The Minnesota Interagency Council
on Homelessness established under the authority of Minnesota Statutes, section
462A.29, as it updates its statewide plan to prevent and end homelessness,
shall make recommendations on strategies to reduce the number of youth
experiencing homelessness and to prevent homelessness for youth who are at risk
of becoming homeless.
(b) Recommended strategies must take
into consideration, to the extent feasible, issues that contribute to or reduce
youth homelessness including, but not limited to, mental health, chemical
dependency, trafficking of youth for sex or other purposes, exiting foster
care, and involvement in gangs. The
recommended strategies must include supportive services as outlined in
Minnesota Statutes, section 256K.45, subdivision 5.
(c) The council shall provide an update
on the status of its work by December 1, 2014, to the legislative committees
with jurisdiction over housing, homelessness, and matters pertaining to youth. If the council determines legislative action
is required to implement recommended strategies, the council shall submit
proposals to the legislature at the earliest possible opportunity.
Sec. 46. HOUSING
ASSISTANCE GRANTS; FORECASTED PROGRAM.
Beginning July 1, 2015, housing
assistance grants under Minnesota Statutes, section 256J.35, paragraph (a),
must be a forecasted program and the commissioner, with the approval of the
commissioner of management and budget, may transfer unencumbered appropriation
balances within fiscal years of each biennium with other forecasted programs of
the Department of Human Services. The
commissioner shall inform the chairs and ranking minority members of the senate
Health and Human Services Finance Division and the house of representatives
Health and Human Services Finance committee quarterly about transfers made
under this provision.
Sec. 47. PLAN
FOR GROUP RESIDENTIAL HOUSING SPECIALTY RATE AND BANKED BEDS.
The commissioner of human services, in
consultation with and cooperation of the counties, shall review the statewide
number and status of group residential housing beds with rates in excess of the
MSA equivalent rate, including banked supplemental service rate beds. The commissioner shall study the type and
amount of supplemental services delivered or planned for development, and
develop a plan for rate setting criteria and an
efficient use of these beds. The commissioner shall review the performance
of all programs that receive supplemental service rates. The plan must require that all beds receiving
supplemental service rates address critical service needs and must establish
quality performance requirements for beds receiving supplemental service rates. The commissioner shall present the written
plan no later than February 1, 2014, to the chairs and ranking minority members
of the house of representatives and senate finance and policy committees and
divisions with jurisdiction over the Department of Human Services.
Sec. 48. REPEALER.
(a) Minnesota Statutes 2012, section
256J.24, is repealed January 1, 2015.
(b) Minnesota Statutes 2012, section
609.093, is repealed effective the day following final enactment.
ARTICLE 4
STRENGTHENING CHEMICAL AND MENTAL HEALTH SERVICES
Section 1. Minnesota Statutes 2012, 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 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, schizoaffective disorder, 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;
(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; or
(7) the adult was eligible as a child under section 245.4871, subdivision 6, and is age 21 or younger.
Sec. 2. Minnesota Statutes 2012, section 245.4661, subdivision 5, is amended to read:
Subd. 5. Planning for pilot projects. (a) Each local plan for a pilot project, with the exception of the placement of a Minnesota specialty treatment facility as defined in paragraph (c), must be developed under the direction of the county board, or multiple county boards acting jointly, as the local mental health authority. The planning process for each pilot shall include, but not be limited to, mental health consumers, families, advocates, local mental health advisory councils, local and state providers, representatives of state and local public employee bargaining units, and the department of human services. As part of the planning process, the county board or boards shall designate a managing entity responsible for receipt of funds and management of the pilot project.
(b) For Minnesota specialty treatment
facilities, the commissioner shall issue a request for proposal for regions in
which a need has been identified for services.
(c) For purposes of this section,
"Minnesota specialty treatment facility" is defined as an intensive
rehabilitative mental health service under section 256B.0622, subdivision 2,
paragraph (b).
Sec. 3. Minnesota Statutes 2012, section 245.4661, subdivision 6, is amended to read:
Subd. 6. Duties of commissioner. (a) For purposes of the pilot projects, the commissioner shall facilitate integration of funds or other resources as needed and requested by each project. These resources may include:
(1) residential services funds administered under Minnesota Rules, parts 9535.2000 to 9535.3000, in an amount to be determined by mutual agreement between the project's managing entity and the commissioner of human services after an examination of the county's historical utilization of facilities located both within and outside of the county and licensed under Minnesota Rules, parts 9520.0500 to 9520.0690;
(2) community support services funds administered under Minnesota Rules, parts 9535.1700 to 9535.1760;
(3) other mental health special project funds;
(4) medical assistance, general assistance
medical care, MinnesotaCare and group residential housing if requested by the
project's managing entity, and if the commissioner determines this would be
consistent with the state's overall health care reform efforts; and
(5) regional treatment center resources
consistent with section 246.0136, subdivision 1.; and
(6) funds transferred from section
246.18, subdivision 8, for grants to providers to participate in mental health
specialty treatment services, awarded to providers through a request for
proposal process.
(b) The commissioner shall consider the following criteria in awarding start-up and implementation grants for the pilot projects:
(1) the ability of the proposed projects to accomplish the objectives described in subdivision 2;
(2) the size of the target population to be served; and
(3) geographical distribution.
(c) The commissioner shall review overall status of the projects initiatives at least every two years and recommend any legislative changes needed by January 15 of each odd-numbered year.
(d) The commissioner may waive administrative rule requirements which are incompatible with the implementation of the pilot project.
(e) The commissioner may exempt the participating counties from fiscal sanctions for noncompliance with requirements in laws and rules which are incompatible with the implementation of the pilot project.
(f) The commissioner may award grants to an entity designated by a county board or group of county boards to pay for start-up and implementation costs of the pilot project.
Sec. 4. Minnesota Statutes 2012, section 245.4682, subdivision 2, is amended to read:
Subd. 2. General provisions. (a) In the design and implementation of reforms to the mental health system, the commissioner shall:
(1) consult with consumers, families, counties, tribes, advocates, providers, and other stakeholders;
(2) bring to the legislature, and the State Advisory Council on Mental Health, by January 15, 2008, recommendations for legislation to update the role of counties and to clarify the case management roles, functions, and decision-making authority of health plans and counties, and to clarify county retention of the responsibility for the delivery of social services as required under subdivision 3, paragraph (a);
(3) withhold implementation of any recommended changes in case management roles, functions, and decision-making authority until after the release of the report due January 15, 2008;
(4) ensure continuity of care for persons affected by these reforms including ensuring client choice of provider by requiring broad provider networks and developing mechanisms to facilitate a smooth transition of service responsibilities;
(5) provide accountability for the efficient and effective use of public and private resources in achieving positive outcomes for consumers;
(6) ensure client access to applicable protections and appeals; and
(7) make budget transfers necessary to implement the reallocation of services and client responsibilities between counties and health care programs that do not increase the state and county costs and efficiently allocate state funds.
(b) When making transfers under paragraph (a)
necessary to implement movement of responsibility for clients and services
between counties and health care programs, the commissioner, in consultation
with counties, shall ensure that any transfer of state grants to health care
programs, including the value of case management transfer grants under section
256B.0625, subdivision 20, does not exceed the value of the services being
transferred for the latest 12-month period for which data is available. The commissioner may make quarterly
adjustments based on the availability of additional data during the first four
quarters after the transfers first occur.
If case management transfer grants under section 256B.0625, subdivision
20, are repealed and the value, based on the last year prior to repeal, exceeds
the value of the services being transferred, the difference becomes an ongoing
part of each county's adult and children's mental health grants under
sections 245.4661, 245.4889, and 256E.12.
(c) This appropriation is not authorized to be expended after December 31, 2010, unless approved by the legislature.
Sec. 5. Minnesota Statutes 2012, section 245.4871, subdivision 26, is amended to read:
Subd. 26. Mental health practitioner. "Mental health practitioner" means a person providing services to children with emotional disturbances. A mental health practitioner must have training and experience in working with children. A mental health practitioner must be qualified in at least one of the following ways:
(1) holds a bachelor's degree in one of the behavioral sciences or related fields from an accredited college or university and:
(i) has at least 2,000 hours of supervised experience in the delivery of mental health services to children with emotional disturbances; or
(ii) is fluent in the non-English language of the ethnic group to which at least 50 percent of the practitioner's clients belong, completes 40 hours of training in the delivery of services to children with emotional disturbances, and receives clinical supervision from a mental health professional at least once a week until the requirement of 2,000 hours of supervised experience is met;
(2) has at least 6,000 hours of supervised experience in the delivery of mental health services to children with emotional disturbances; hours worked as a mental health behavioral aide I or II under section 256B.0943, subdivision 7, may be included in the 6,000 hours of experience;
(3) is a graduate student in one of the behavioral sciences or related fields and is formally assigned by an accredited college or university to an agency or facility for clinical training; or
(4) holds a master's or other graduate
degree in one of the behavioral sciences or related fields from an accredited
college or university and has less than 4,000 hours post-master's experience
in the treatment of emotional disturbance.
Sec. 6. Minnesota Statutes 2012, section 245.4875, subdivision 8, is amended to read:
Subd. 8. Transition services. The county board may continue to provide mental health services as defined in sections 245.487 to 245.4889 to persons over 18 years of age, but under 21 years of age, if the person was receiving case management or family community support services prior to age 18, and if one of the following conditions is met:
(1) the person is receiving special
education services through the local school district; or
(2) it is in the best interest of the
person to continue services defined in sections 245.487 to 245.4889; or
(3) the person is requesting services and the services are medically necessary.
Sec. 7. Minnesota Statutes 2012, section 245.4881, subdivision 1, is amended to read:
Subdivision 1. Availability
of case management services. (a) The
county board shall provide case management services for each child with severe
emotional disturbance who is a resident of the county and the child's family
who request or consent to the services. Case
management services may be continued must be offered to be
provided for a child with a serious emotional disturbance who is over the
age of 18 consistent with section 245.4875, subdivision 8, or the child's
legal representative, provided the child's service needs can be met within the
children's service system. Before
discontinuing case management services under this subdivision for children
between the
ages of 17 and 21, a transition plan must be developed. The transition plan must be developed with the child and, with the consent of a child age 18 or over, the child's parent, guardian, or legal representative. The transition plan should include plans for health insurance, housing, education, employment, and treatment. Staffing ratios must be sufficient to serve the needs of the clients. The case manager must meet the requirements in section 245.4871, subdivision 4.
(b) Except as permitted by law and the commissioner under demonstration projects, case management services provided to children with severe emotional disturbance eligible for medical assistance must be billed to the medical assistance program under sections 256B.02, subdivision 8, and 256B.0625.
(c) Case management services are eligible for reimbursement under the medical assistance program. Costs of mentoring, supervision, and continuing education may be included in the reimbursement rate methodology used for case management services under the medical assistance program.
Sec. 8. Minnesota Statutes 2012, section 246.18, subdivision 8, is amended to read:
Subd. 8. State-operated services account. (a) The state-operated services account is established in the special revenue fund. Revenue generated by new state-operated services listed under this section established after July 1, 2010, that are not enterprise activities must be deposited into the state-operated services account, unless otherwise specified in law:
(1) intensive residential treatment services;
(2) foster care services; and
(3) psychiatric extensive recovery treatment services.
(b) Funds deposited in the
state-operated services account are available to the commissioner of human
services for the purposes of:
(1) providing services needed to transition individuals from institutional settings within state-operated services to the community when those services have no other adequate funding source;
(2) grants to providers participating in
mental health specialty treatment services under section 245.4661; and
(3) to fund the operation of the
Intensive Residential Treatment Service program in Willmar.
Sec. 9. Minnesota Statutes 2012, section 246.18, is amended by adding a subdivision to read:
Subd. 9. Transfers.
The commissioner may transfer
state mental health grant funds to the account in subdivision 8 for noncovered
allowable costs of a provider certified and licensed under section 256B.0622
and operating under section 246.014.
Sec. 10. Minnesota Statutes 2012, section 246.54, is amended to read:
246.54
LIABILITY OF COUNTY; REIMBURSEMENT.
Subdivision 1. County portion for cost of care. (a) Except for chemical dependency services provided under sections 254B.01 to 254B.09, the client's county shall pay to the state of Minnesota a portion of the cost of care provided in a regional treatment center or a state nursing facility to a client legally settled in that county. A county's payment shall be made from the county's own sources of revenue and payments shall equal a percentage of the cost of care, as determined by the commissioner, for each day, or the portion thereof, that the client spends at a regional treatment center or a state nursing facility according to the following schedule:
(1) zero percent for the first 30 days;
(2) 20 percent for days 31 to 60; and
(3) 50 75 percent for any days
over 60.
(b) The increase in the county portion for cost of care under paragraph (a), clause (3), shall be imposed when the treatment facility has determined that it is clinically appropriate for the client to be discharged.
(c) If payments received by the state under
sections 246.50 to 246.53 exceed 80 percent of the cost of care for days 31 to
60, or 50 25 percent for days over 60, the county shall be
responsible for paying the state only the remaining amount. The county shall not be entitled to
reimbursement from the client, the client's estate, or from the client's
relatives, except as provided in section 246.53.
Subd. 2. Exceptions. (a) Subdivision 1 does not apply to
services provided at the Minnesota Security Hospital or the Minnesota
extended treatment options program. For
services at these facilities the Minnesota Security Hospital, a
county's payment shall be made from the county's own sources of revenue and
payments shall be paid as follows: . Excluding the state-operated forensic
transition service, payments to the state from the county shall equal ten
percent of the cost of care, as determined by the commissioner, for each day,
or the portion thereof, that the client spends at the facility. For the state-operated forensic transition
service, payments to the state from the county shall equal 50 percent of the
cost of care, as determined by the commissioner, for each day, or the portion
thereof, that the client spends in the program. If payments received by the state under
sections 246.50 to 246.53 for services provided at the Minnesota Security
Hospital, excluding the state-operated forensic transition service, exceed
90 percent of the cost of care, the county shall be responsible for paying the
state only the remaining amount. If
payments received by the state under sections 246.50 to 246.53 for the
state-operated forensic transition service exceed 50 percent of the cost of
care, the county shall be responsible for paying the state only the remaining
amount. The county shall not be
entitled to reimbursement from the client, the client's estate, or from the
client's relatives, except as provided in section 246.53.
(b) Regardless of the facility to which the client is committed, subdivision 1 does not apply to the following individuals:
(1) clients who are committed as mentally
ill and dangerous under section 253B.02, subdivision 17;
(2) (1) clients who are committed as sexual
psychopathic personalities under section 253B.02, subdivision 18b; and
(3) (2) clients who are
committed as sexually dangerous persons under section 253B.02, subdivision 18c.
For each of the individuals in clauses
(1) to (3), the payment by the county to the state shall equal ten percent of
the cost of care for each day as determined by the commissioner.
Sec. 11. Minnesota Statutes 2012, section 253B.10, subdivision 1, is amended to read:
Subdivision 1. Administrative requirements. (a) When a person is committed, the court shall issue a warrant or an order committing the patient to the custody of the head of the treatment facility. The warrant or order shall state that the patient meets the statutory criteria for civil commitment.
(b) The commissioner shall prioritize
patients being admitted from jail or a correctional institution who are:
(1) ordered confined in a state
hospital for an examination under Minnesota Rules of Criminal Procedure, rules
20.01, subdivision 4, paragraph (a), and 20.02, subdivision 2;
(2) under civil commitment for
competency treatment and continuing supervision under Minnesota Rules of
Criminal Procedure, rule 20.01, subdivision 7;
(3) found not guilty by reason of
mental illness under Minnesota Rules of Criminal Procedure, rule 20.02, subdivision
8, and under civil commitment or are ordered to be detained in a state hospital
or other facility pending completion of the civil commitment proceedings; or
(4) committed under this chapter to the
commissioner after dismissal of the patient's criminal charges.
Patients described in this paragraph must be admitted to a
service operated by the commissioner within 48 hours. The commitment must be ordered by the court
as provided in section 253B.09, subdivision 1, paragraph (c).
(c) Upon the arrival of a patient at the designated treatment facility, the head of the facility shall retain the duplicate of the warrant and endorse receipt upon the original warrant or acknowledge receipt of the order. The endorsed receipt or acknowledgment must be filed in the court of commitment. After arrival, the patient shall be under the control and custody of the head of the treatment facility.
(d) Copies of the petition for commitment, the court's findings of fact and conclusions of law, the court order committing the patient, the report of the examiners, and the prepetition report shall be provided promptly to the treatment facility.
Sec. 12. Minnesota Statutes 2012, section 254B.13, is amended to read:
254B.13
PILOT PROJECTS; CHEMICAL HEALTH CARE.
Subdivision 1. Authorization for navigator pilot projects. The commissioner may approve and implement navigator pilot projects developed under the planning process required under Laws 2009, chapter 79, article 7, section 26, to provide alternatives to and enhance coordination of the delivery of chemical health services required under section 254B.03.
Subd. 2. Program design and implementation. (a) The commissioner and counties participating in the navigator pilot projects shall continue to work in partnership to refine and implement the navigator pilot projects initiated under Laws 2009, chapter 79, article 7, section 26.
(b) The commissioner and counties
participating in the navigator pilot projects shall complete the
planning phase by June 30, 2010, and, if approved by the commissioner
for implementation, enter into agreements governing the operation of the navigator
pilot projects with implementation scheduled no earlier than July 1, 2010.
Subd. 2a. Eligibility
for navigator pilot program. (a)
To be considered for participation in a navigator pilot program, an individual
must:
(1) be a resident of a county with an
approved navigator program;
(2) be eligible for consolidated
chemical dependency treatment fund services;
(3) be a voluntary participant in the
navigator program;
(4) satisfy one of the following items:
(i) have at least one severity rating
of three or above in dimension four, five, or six in a comprehensive assessment
under Minnesota Rules, part 9530.6422; or
(ii) have at least one severity
rating of two or above in dimension four, five, or six in a comprehensive
assessment under Minnesota Rules, part 9530.6422, and be currently
participating in a Rule 31 treatment program under Minnesota Rules, parts
9530.6405 to 9530.6505, or be within 60 days following discharge after
participation in a Rule 31 treatment program; and
(5) have had at least two treatment
episodes in the past two years, not limited to episodes reimbursed by the
consolidated chemical dependency treatment funds. An admission to an emergency room, a
detoxification program, or a hospital may be substituted for one treatment
episode if it resulted from the individual's substance use disorder.
(b) New eligibility criteria may be
added as mutually agreed upon by the commissioner and participating navigator
programs.
Subd. 3. Program evaluation. The commissioner shall evaluate navigator pilot projects under this section and report the results of the evaluation to the chairs and ranking minority members of the legislative committees with jurisdiction over chemical health issues by January 15, 2014. Evaluation of the navigator pilot projects must be based on outcome evaluation criteria negotiated with the navigator pilot projects prior to implementation.
Subd. 4. Notice
of navigator pilot project discontinuation. Each county's participation in the navigator
pilot project may be discontinued for any reason by the county or the
commissioner of human services after 30 days' written notice to the other party. Any unspent funds held for the exiting
county's pro rata share in the special revenue fund under the authority in
subdivision 5, paragraph (d), shall be transferred to the consolidated chemical
dependency treatment fund following discontinuation of the pilot project.
Subd. 5. Duties of commissioner. (a) Notwithstanding any other provisions in this chapter, the commissioner may authorize navigator pilot projects to use chemical dependency treatment funds to pay for nontreatment navigator pilot services:
(1) in addition to those authorized under section 254B.03, subdivision 2, paragraph (a); and
(2) by vendors in addition to those authorized under section 254B.05 when not providing chemical dependency treatment services.
(b) For
purposes of this section, "nontreatment navigator pilot
services" include navigator services, peer support, family engagement and
support, housing support, rent subsidies, supported employment, and independent
living skills.
(c) State expenditures for chemical dependency services and nontreatment navigator pilot services provided by or through the navigator pilot projects must not be greater than the chemical dependency treatment fund expected share of forecasted expenditures in the absence of the navigator pilot projects. The commissioner may restructure the schedule of payments between the state and participating counties under the local agency share and division of cost provisions under section 254B.03, subdivisions 3 and 4, as necessary to facilitate the operation of the navigator pilot projects.
(d) To the extent that state fiscal
year expenditures within a pilot project are less than the expected share of
forecasted expenditures in the absence of the pilot projects, the commissioner
shall deposit the unexpended funds in a separate account within the
consolidated chemical dependency treatment fund, and make these funds available
for expenditure by the pilot projects the following year. To the extent that treatment and nontreatment
pilot services expenditures within the pilot project exceed the amount expected
in the absence of the pilot projects, the pilot project county or counties are
responsible for the portion of nontreatment pilot services expenditures in
excess of the otherwise expected share of forecasted expenditures.
(e) (d) The commissioner may waive administrative rule requirements that are incompatible with the implementation of the navigator pilot project, except that any chemical dependency treatment funded under this section must continue to be provided by a licensed treatment provider.
(f) (e) The commissioner
shall not approve or enter into any agreement related to navigator pilot
projects authorized under this section that puts current or future federal
funding at risk.
(f) The commissioner shall provide
participating navigator pilot projects with transactional data, reports,
provider data, and other data generated by county activity to assess and
measure outcomes. This information must
be transmitted or made available in an acceptable form to participating
navigator pilot projects at least once every six months or within a reasonable
time following the commissioner's receipt of information from the counties
needed to comply with this paragraph.
Subd. 6. Duties of county board. The county board, or other county entity that is approved to administer a navigator pilot project, shall:
(1) administer the navigator pilot project in a manner consistent with the objectives described in subdivision 2 and the planning process in subdivision 5;
(2) ensure that no one is denied chemical dependency treatment services for which they would otherwise be eligible under section 254A.03, subdivision 3; and
(3) provide the commissioner with timely and pertinent information as negotiated in agreements governing operation of the navigator pilot projects.
Subd. 7. Managed care. An individual who is eligible for the
navigator pilot program under subdivision 2a is excluded from mandatory
enrollment in managed care until these services are included in the health
plan's benefit set.
Subd. 8. Authorization
for continuation of navigator pilots.
The navigator pilot projects implemented pursuant to subdivision
1 are authorized to continue operation after July 1, 2013, under existing
agreements governing operation of the pilot projects.
EFFECTIVE DATE. The amendments to subdivisions 1 to 6 and 8 are
effective August 1, 2013. Subdivision 7
is effective July 1, 2013.
Sec. 13. [254B.14]
CONTINUUM OF CARE PILOT PROJECTS; CHEMICAL HEALTH CARE.
Subdivision
1. Authorization
for continuum of care pilot projects.
The commissioner shall establish chemical dependency continuum of
care pilot projects to begin implementing the measures developed with
stakeholder input and identified in the report completed pursuant to Laws 2012,
chapter 247, article 5, section 8. The
pilot projects are intended to improve the effectiveness and efficiency of the
service continuum for chemically dependent individuals in Minnesota while
reducing duplication of efforts and promoting scientifically supported
practices.
Subd. 2. Program
implementation. (a) The
commissioner, in coordination with representatives of the Minnesota Association
of County Social Service Administrators and the Minnesota Inter-County
Association, shall develop a process for identifying and selecting interested
counties and providers for participation in the continuum of care pilot
projects. There shall be three pilot
projects; one representing the northern region, one for the metro region, and
one for the southern region. The
selection process of counties and providers must include consideration of
population size, geographic distribution, cultural and racial demographics, and
provider accessibility. The commissioner
shall identify counties and providers that are selected for participation in
the continuum of care pilot projects no later than September 30, 2013.
(b) The commissioner and
entities participating in the continuum of care pilot projects shall enter into
agreements governing the operation of the continuum of care pilot projects. The agreements shall identify pilot project
outcomes and include timelines for implementation and beginning operation of
the pilot projects.
(c) Entities that are currently
participating in the navigator pilot project are eligible to participate in the
continuum of care pilot project subsequent to or instead of participating in
the navigator pilot project.
(d) The commissioner may waive
administrative rule requirements that are incompatible with implementation of
the continuum of care pilot projects.
(e) Notwithstanding section 254A.19,
the commissioner may designate noncounty entities to complete chemical use
assessments and placement authorizations required under section 254A.19 and
Minnesota Rules, parts 9530.6600 to 9530.6655.
Section 254A.19, subdivision 3, is applicable to the continuum of care
pilot projects at the discretion of the commissioner.
Subd. 3. Program
design. (a) The operation of
the pilot projects shall include:
(1) new services that are responsive to
the chronic nature of substance use disorder;
(2) telehealth services, when
appropriate to address barriers to services;
(3) services that assure integration
with the mental health delivery system when appropriate;
(4) services that address the needs of
diverse populations; and
(5) an assessment and access process
that permits clients to present directly to a service provider for a substance
use disorder assessment and authorization of services.
(b) Prior to implementation of the
continuum of care pilot projects, a utilization review process must be
developed and agreed to by the commissioner, participating counties, and
providers. The utilization review
process shall be described in the agreements governing operation of the
continuum of care pilot projects.
Subd. 4. Notice
of project discontinuation. Each
entity's participation in the continuum of care pilot project may be discontinued
for any reason by the county or the commissioner after 30 days' written notice
to the entity.
Subd. 5. Duties
of commissioner. (a)
Notwithstanding any other provisions in this chapter, the commissioner may
authorize chemical dependency treatment funds to pay for nontreatment services
arranged by continuum of care pilot projects.
Individuals who are currently accessing Rule 31 treatment services are
eligible for concurrent participation in the continuum of care pilot projects.
(b) County expenditures for continuum
of care pilot project services shall not be greater than their expected share
of forecasted expenditures in the absence of the continuum of care pilot
projects.
Subd. 6. Managed
care. An individual who is
eligible for the continuum of care pilot project is excluded from mandatory
enrollment in managed care unless these services are included in the health
plan's benefit set.
EFFECTIVE
DATE. This section is
effective August 1, 2013.
Sec. 14. [256.478]
HOME AND COMMUNITY-BASED SERVICES TRANSITIONS GRANTS.
(a) The commissioner shall make
available home and community-based services transition grants to serve
individuals who do not meet eligibility criteria for the medical assistance
program under section 256B.056 or 256B.057, but who otherwise meet the criteria
under section 256B.092, subdivision 13, or 256B.49, subdivision 24.
(b) For the purposes of this section,
the commissioner has the authority to transfer funds between the medical
assistance account and the home and community-based services transitions grants
account.
EFFECTIVE
DATE. This section is
effective July 1, 2013.
Sec. 15. [256B.0616]
MENTAL HEALTH CERTIFIED FAMILY PEER SPECIALIST.
Subdivision
1. Scope. Medical assistance covers mental
health certified family peer specialists services, as established in
subdivision 2, subject to federal approval, if provided to recipients who have
an emotional disturbance or severe emotional disturbance under chapter 245, and
are provided by a certified family peer specialist who has completed the
training under subdivision 5. A family
peer specialist cannot provide services to the peer specialist's family.
Subd. 2. Establishment. The commissioner of human services
shall establish a certified family peer specialists program model which:
(1) provides nonclinical family peer
support counseling, building on the strengths of families and helping them
achieve desired outcomes;
(2) collaborates with others providing
care or support to the family;
(3) provides nonadversarial advocacy;
(4) promotes the individual family
culture in the treatment milieu;
(5) links parents to other parents in
the community;
(6) offers support and encouragement;
(7) assists parents in developing coping
mechanisms and problem-solving skills;
(8) promotes resiliency, self-advocacy,
development of natural supports, and maintenance of skills learned in other
support services;
(9) establishes and provides peer led
parent support groups; and
(10) increases the child's ability to
function better within the child's home, school, and community by educating
parents on community resources, assisting with problem solving, and educating
parents on mental illnesses.
Subd. 3. Eligibility. Family peer support services may be
located in inpatient hospitalization, partial hospitalization, residential
treatment, treatment foster care, day treatment, children's therapeutic
services and supports, or crisis services.
Subd. 4. Peer
support specialist program providers.
The commissioner shall develop a process to certify family peer
support specialist programs, in accordance with the federal guidelines, in
order for the program to bill for reimbursable services. Family peer support programs must operate
within an existing mental health community provider or center.
Subd. 5. Certified
family peer specialist training and certification. The commissioner shall develop a
training and certification process for certified family peer specialists who
must be at least 21 years of age and have a high school diploma or its
equivalent. The candidates must have
raised or are currently raising a child with a mental illness, have had
experience navigating the children's mental health system, and must demonstrate
leadership and advocacy skills and a strong dedication to family-driven and
family-focused services. The training
curriculum must teach participating family peer specialists specific skills
relevant to providing peer support to other parents. In addition to initial training and
certification, the commissioner shall develop ongoing continuing educational
workshops on pertinent issues related to family peer support counseling.
Sec. 16. Minnesota Statutes 2012, section 256B.0623, subdivision 2, is amended to read:
Subd. 2. Definitions. For purposes of this section, the following terms have the meanings given them.
(a) "Adult rehabilitative mental
health services" means mental health services which are rehabilitative and
enable the recipient to develop and enhance psychiatric stability, social
competencies, personal and emotional adjustment, and independent living,
parenting skills, and community skills, when these abilities are impaired
by the symptoms of mental illness. Adult
rehabilitative mental health services are also appropriate when provided to
enable a recipient to retain stability and functioning, if the recipient would
be at risk of significant functional decompensation or more restrictive service
settings without these services.
(1)
Adult rehabilitative mental health services instruct, assist, and support the
recipient in areas such as:
interpersonal communication skills, community resource utilization and
integration skills, crisis assistance, relapse prevention skills, health care
directives, budgeting and shopping skills, healthy lifestyle skills and
practices, cooking and nutrition skills, transportation skills, medication
education and monitoring, mental illness symptom management skills, household
management skills, employment-related skills, parenting skills, and
transition to community living services.
(2) These services shall be provided to the recipient on a one-to-one basis in the recipient's home or another community setting or in groups.
(b) "Medication education services" means services provided individually or in groups which focus on educating the recipient about mental illness and symptoms; the role and effects of medications in treating symptoms of mental illness; and the side effects of medications. Medication education is coordinated with medication management services and does not duplicate it. Medication education services are provided by physicians, pharmacists, physician's assistants, or registered nurses.
(c) "Transition to community living services" means services which maintain continuity of contact between the rehabilitation services provider and the recipient and which facilitate discharge from a hospital, residential treatment program under Minnesota Rules, chapter 9505, board and lodging facility, or nursing home. Transition to community living services are not intended to provide other areas of adult rehabilitative mental health services.
Sec. 17. Minnesota Statutes 2012, section 256B.0625, subdivision 48, is amended to read:
Subd. 48. Psychiatric
consultation to primary care practitioners.
Effective January 1, 2006, Medical assistance covers
consultation provided by a psychiatrist, a psychologist, or an advanced
practice registered nurse certified in psychiatric mental health via
telephone, e-mail, facsimile, or other means of communication to primary care
practitioners, including pediatricians. The
need for consultation and the receipt of the consultation must be documented in
the patient record maintained by the primary care practitioner. If the patient consents, and subject to
federal limitations and data privacy provisions, the consultation may be
provided without the patient present.
Sec. 18. Minnesota Statutes 2012, section 256B.0625, subdivision 56, is amended to read:
Subd. 56. Medical service coordination. (a) (1) Medical assistance covers in-reach community-based service coordination that is performed through a hospital emergency department as an eligible procedure under a state healthcare program 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.
(2) Medical assistance covers in-reach community-based service coordination that is performed through a hospital emergency department or inpatient psychiatric unit for a child or young adult up to age 21 with a serious emotional disturbance who has frequented the hospital emergency room two or more times in the previous consecutive three months or been admitted to an inpatient psychiatric unit two or more times in the previous consecutive four months, or is being discharged to a shelter.
(b) Reimbursement must be made in 15-minute increments and allowed for up to 60 days posthospital discharge based upon the specific identified emergency department visit or inpatient admitting event. 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. For children and young adults with a serious emotional disturbance, in-reach community-based service coordination includes navigating and arranging for community-based services prior to discharge to address a client's mental health, chemical health, social, educational, family support and housing needs, or any other activity targeted at reducing multiple incidents of emergency room use, inpatient readmissions, and other nonmedically necessary health care utilization. In-reach services shall seek to connect them with existing covered services, including targeted case management, waiver case management, care coordination in a health care home, children's therapeutic services and supports, crisis services, and respite care. 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.
(c) (1) 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, education, 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.
(2) Hospitals utilizing in-reach service
coordinators shall report annually to the commissioner on the number of adults,
children, and adolescents served; the postdischarge services which they
accessed; and emergency department/psychiatric hospitalization readmissions. The commissioner shall ensure that services
and payments provided under in-reach care coordination do not duplicate
services or payments provided under section 256B.0753, 256B.0755, or 256B.0625,
subdivision 20.
Sec. 19. Minnesota Statutes 2012, section 256B.0625, is amended by adding a subdivision to read:
Subd. 61. Family
psychoeducation services. Effective
July 1, 2013, or upon federal approval, whichever is later, medical assistance
covers family psychoeducation services provided to a child up to age 21 with a
diagnosed mental health condition when identified in the child's individual
treatment plan and provided by a licensed mental health professional, as
defined in Minnesota Rules, part 9505.0371, subpart 5, item A, or a clinical
trainee, as
defined in Minnesota Rules,
part 9505.0371, subpart 5, item C, who has determined it medically necessary to
involve family members in the child's care.
For the purposes of this subdivision, "family psychoeducation
services" means information or demonstration provided to an individual or
family as part of an individual, family, multifamily group, or peer group
session to explain, educate, and support the child and family in understanding
a child's symptoms of mental illness, the impact on the child's development,
and needed components of treatment and skill development so that the
individual, family, or group can help the child to prevent relapse, prevent the
acquisition of comorbid disorders, and achieve optimal mental health and
long-term resilience.
Sec. 20. Minnesota Statutes 2012, section 256B.0625, is amended by adding a subdivision to read:
Subd. 62. Mental
health clinical care consultation. Effective
July 1, 2013, or upon federal approval, whichever is later, medical assistance
covers clinical care consultation for a person up to age 21 who is diagnosed
with a complex mental health condition or a mental health condition that
co-occurs with other complex and chronic conditions, when described in the
person's individual treatment plan and provided by a licensed mental health
professional, as defined in Minnesota Rules, part 9505.0371, subpart 5, item A,
or a clinical trainee, as defined in Minnesota Rules, part 9505.0371, subpart
5, item C. For the purposes of this
subdivision, "clinical care consultation" means communication from a
treating mental health professional to other providers or educators not under
the clinical supervision of the treating mental health professional who are
working with the same client to inform, inquire, and instruct regarding the
client's symptoms; strategies for effective engagement, care, and intervention
needs; and treatment expectations across service settings; and to direct and
coordinate clinical service components provided to the client and family.
Sec. 21. Minnesota Statutes 2012, section 256B.092, is amended by adding a subdivision to read:
Subd. 13. Waiver allocations for transition
populations. (a) The
commissioner shall make available additional waiver allocations and additional
necessary resources to assure timely discharges from the Anoka Metro Regional
Treatment Center and the Minnesota Security Hospital in St. Peter for
individuals who meet the following criteria:
(1) are otherwise eligible for the
developmental disabilities waiver under this section;
(2)
who would otherwise remain at the Anoka Metro Regional Treatment Center or the
Minnesota Security Hospital;
(3) whose discharge would be
significantly delayed without the available waiver allocation; and
(4) who have met treatment objectives
and no longer meet hospital level of care.
(b) Additional waiver allocations under
this subdivision must meet cost-effectiveness requirements of the federal
approved waiver plan.
(c) Any corporate foster care home
developed under this subdivision must be considered an exception under section
245A.03, subdivision 7, paragraph (a).
EFFECTIVE
DATE. This section is effective
July 1, 2013.
Sec. 22. Minnesota Statutes 2012, section 256B.0943, subdivision 1, is amended to read:
Subdivision 1. Definitions. For purposes of this section, the following terms have the meanings given them.
(a) "Children's therapeutic services and supports" means the flexible package of mental health services for children who require varying therapeutic and rehabilitative levels of intervention. The services are time-limited interventions that are delivered using various treatment modalities and combinations of services designed to reach treatment outcomes identified in the individual treatment plan.
(b) "Clinical supervision" means the overall responsibility of the mental health professional for the control and direction of individualized treatment planning, service delivery, and treatment review for each client. A mental health professional who is an enrolled Minnesota health care program provider accepts full professional responsibility for a supervisee's actions and decisions, instructs the supervisee in the supervisee's work, and oversees or directs the supervisee's work.
(c) "County board" means the county board of commissioners or board established under sections 402.01 to 402.10 or 471.59.
(d) "Crisis assistance" has the meaning given in section 245.4871, subdivision 9a.
(e) "Culturally competent provider" means a provider who understands and can utilize to a client's benefit the client's culture when providing services to the client. A provider may be culturally competent because the provider is of the same cultural or ethnic group as the client or the provider has developed the knowledge and skills through training and experience to provide services to culturally diverse clients.
(f) "Day treatment program" for children means a site-based structured program consisting of group psychotherapy for more than three individuals and other intensive therapeutic services provided by a multidisciplinary team, under the clinical supervision of a mental health professional.
(g) "Diagnostic assessment" has the meaning given in section 245.4871, subdivision 11.
(h) "Direct service time" means the time that a mental health professional, mental health practitioner, or mental health behavioral aide spends face-to-face with a client and the client's family. Direct service time includes time in which the provider obtains a client's history or provides service components of children's therapeutic services and supports. Direct service time does not include time doing work before and after providing direct services, including scheduling, maintaining clinical records, consulting with others about the client's mental health status, preparing reports, receiving clinical supervision, and revising the client's individual treatment plan.
(i) "Direction of mental health behavioral aide" means the activities of a mental health professional or mental health practitioner in guiding the mental health behavioral aide in providing services to a client. The direction of a mental health behavioral aide must be based on the client's individualized treatment plan and meet the requirements in subdivision 6, paragraph (b), clause (5).
(j) "Emotional disturbance" has the meaning given in section 245.4871, subdivision 15. For persons at least age 18 but under age 21, mental illness has the meaning given in section 245.462, subdivision 20, paragraph (a).
(k) "Individual behavioral plan" means a plan of intervention, treatment, and services for a child written by a mental health professional or mental health practitioner, under the clinical supervision of a mental health professional, to guide the work of the mental health behavioral aide.
(l) "Individual treatment plan" has the meaning given in section 245.4871, subdivision 21.
(m) "Mental health behavioral aide services" means medically necessary one-on-one activities performed by a trained paraprofessional to assist a child retain or generalize psychosocial skills as taught by a mental health professional or mental health practitioner and as described in the child's individual treatment plan and individual behavior plan. Activities involve working directly with the child or child's family as provided in subdivision 9, paragraph (b), clause (4).
(n) "Mental health professional" means an individual as defined in section 245.4871, subdivision 27, clauses (1) to (6), or tribal vendor as defined in section 256B.02, subdivision 7, paragraph (b).
(o) "Mental health service
plan development" includes:
(1) the development, review, and revision
of a child's individual treatment plan, as provided in Minnesota Rules, part
9505.0371, subpart 7, including involvement of the client or client's parents,
primary caregiver, or other person authorized to consent to mental health
services for the client, and including arrangement of treatment and support
activities specified in the individual treatment plan; and
(2) administering standardized outcome
measurement instruments, determined and updated by the commissioner, as
periodically needed to evaluate the effectiveness of treatment for children
receiving clinical services and reporting outcome measures, as required by the
commissioner.
(o) (p) "Preschool
program" means a day program licensed under Minnesota Rules, parts
9503.0005 to 9503.0175, and enrolled as a children's therapeutic services and
supports provider to provide a structured treatment program to a child who is
at least 33 months old but who has not yet attended the first day of
kindergarten.
(p) (q) "Skills
training" means individual, family, or group training, delivered by or
under the direction of a mental health professional, designed to facilitate the
acquisition of psychosocial skills that are medically necessary to rehabilitate
the child to an age-appropriate developmental trajectory heretofore disrupted by
a psychiatric illness or to self-monitor, compensate for, cope with,
counteract, or replace skills deficits or maladaptive skills acquired over the
course of a psychiatric illness. Skills
training is subject to the following requirements:
(1) a mental health professional or a mental health practitioner must provide skills training;
(2) the child must always be present during skills training; however, a brief absence of the child for no more than ten percent of the session unit may be allowed to redirect or instruct family members;
(3) skills training delivered to children or their families must be targeted to the specific deficits or maladaptations of the child's mental health disorder and must be prescribed in the child's individual treatment plan;
(4)
skills training delivered to the child's family must teach skills needed by
parents to enhance the child's skill development and to help the child use in
daily life the skills previously taught by a mental health professional or
mental health practitioner and to develop or maintain a home environment that
supports the child's progressive use skills;
(5) group skills training may be provided to multiple recipients who, because of the nature of their emotional, behavioral, or social dysfunction, can derive mutual benefit from interaction in a group setting, which must be staffed as follows:
(i) one mental health professional or one mental health practitioner under supervision of a licensed mental health professional must work with a group of four to eight clients; or
(ii) two mental health professionals or two mental health practitioners under supervision of a licensed mental health professional, or one professional plus one practitioner must work with a group of nine to 12 clients.
Sec. 23. Minnesota Statutes 2012, section 256B.0943, subdivision 2, is amended to read:
Subd. 2. Covered service components of children's therapeutic services and supports. (a) Subject to federal approval, medical assistance covers medically necessary children's therapeutic services and supports as defined in this section that an eligible provider entity certified under subdivision 4 provides to a client eligible under subdivision 3.
(b) The service components of children's therapeutic services and supports are:
(1) individual, family, and group psychotherapy;
(2) individual, family, or group skills training provided by a mental health professional or mental health practitioner;
(3) crisis assistance;
(4) mental health behavioral aide
services; and
(5) direction of a mental health
behavioral aide.;
(6) mental health service plan
development;
(7) clinical care consultation under section 256B.0625, subdivision 62;
(8) family psychoeducation under
section 256B.0625, subdivision 61; and
(9) services provided by a family peer
specialist under section 256B.0616.
(c) Service components in paragraph (b) may be combined to constitute therapeutic programs, including day treatment programs and therapeutic preschool programs.
Sec. 24. Minnesota Statutes 2012, section 256B.0943, subdivision 7, is amended to read:
Subd. 7. Qualifications of individual and team providers. (a) An individual or team provider working within the scope of the provider's practice or qualifications may provide service components of children's therapeutic services and supports that are identified as medically necessary in a client's individual treatment plan.
(b) An individual provider must be qualified as:
(1) a mental health professional as defined in subdivision 1, paragraph (n); or
(2) a mental health practitioner as defined in section 245.4871, subdivision 26. The mental health practitioner must work under the clinical supervision of a mental health professional; or
(3) a mental health behavioral aide working under the clinical supervision of a mental health professional to implement the rehabilitative mental health services identified in the client's individual treatment plan and individual behavior plan.
(A) A level I mental health behavioral aide must:
(i) be at least 18 years old;
(ii) have a high school diploma or general equivalency diploma (GED) or two years of experience as a primary caregiver to a child with severe emotional disturbance within the previous ten years; and
(iii) meet preservice and continuing education requirements under subdivision 8.
(B) A level II mental health behavioral aide must:
(i) be at least 18 years old;
(ii) have an associate or bachelor's degree or 4,000 hours of experience in delivering clinical services in the treatment of mental illness concerning children or adolescents or complete a certificate program established under subdivision 8a; and
(iii) meet preservice and continuing education requirements in subdivision 8.
(c) A preschool program multidisciplinary team must include at least one mental health professional and one or more of the following individuals under the clinical supervision of a mental health professional:
(i) a mental health practitioner; or
(ii) a program person, including a teacher, assistant teacher, or aide, who meets the qualifications and training standards of a level I mental health behavioral aide.
(d) A day treatment multidisciplinary team must include at least one mental health professional and one mental health practitioner.
Sec. 25. Minnesota Statutes 2012, section 256B.0943, is amended by adding a subdivision to read:
Subd. 8a. Level
II mental health behavioral aide. The
commissioner of human services, in collaboration with children's mental health
providers and the Board of Trustees of the Minnesota State Colleges and
Universities, shall develop a certificate program for level II mental health
behavioral aides.
Sec. 26. Minnesota Statutes 2012, section 256B.0946, is amended to read:
256B.0946
INTENSIVE TREATMENT IN FOSTER CARE.
Subdivision 1. Required
covered service components. (a)
Effective July 1, 2006, upon enactment and subject to federal
approval, medical assistance covers medically necessary intensive treatment
services described under paragraph (b) that are provided by a provider entity
eligible under subdivision 3 to a client eligible under subdivision 2 who is
placed in a treatment foster home licensed under Minnesota Rules, parts
2960.3000 to 2960.3340.
(b) Intensive treatment services to
children with severe emotional disturbance mental illness
residing in treatment foster care family settings must
meet the relevant standards for mental health services under sections 245.487
to 245.4889. In addition, that
comprise specific required service components provided in clauses
(1) to (5), are reimbursed by medical assistance must when they
meet the following standards:
(1) case management service component
must meet the standards in Minnesota Rules, parts 9520.0900 to 9520.0926 and
9505.0322, excluding subparts 6 and 10;
(1) psychotherapy provided by a mental
health professional as defined in Minnesota Rules, part 9505.0371, subpart 5,
item A, or a clinical trainee, as defined in Minnesota Rules, part 9505.0371,
subpart 5, item C;
(2) psychotherapy, crisis assistance,
and skills training components must meet the provided according to
standards for children's therapeutic services and supports in section
256B.0943; and
(3) individual family, and group
psychoeducation services under supervision of, defined in subdivision
1a, paragraph (q), provided by a mental health professional. or a clinical trainee;
(4) clinical care consultation, as
defined in subdivision 1a, and provided by a mental health professional or a
clinical trainee; and
(5) service delivery payment
requirements as provided under subdivision 4.
Subd. 1a. Definitions. For the purposes of this section, the
following terms have the meanings given them.
(a)
"Clinical care consultation" means communication from a treating
clinician to other providers working with the same client to inform, inquire,
and instruct regarding the client's symptoms, strategies for effective
engagement, care and intervention needs, and treatment expectations across
service settings, including but not limited to the client's school, social
services, day care, probation, home, primary care, medication prescribers,
disabilities services, and other mental health providers and to direct and
coordinate clinical service components provided to the client and family.
(b) "Clinical supervision"
means the documented time a clinical supervisor and supervisee spend together
to discuss the supervisee's work, to review individual client cases, and for
the supervisee's professional development.
It includes the documented oversight and supervision responsibility for
planning, implementation, and evaluation of services for a client's mental
health treatment.
(c) "Clinical supervisor"
means the mental health professional who is responsible for clinical
supervision.
(d) "Clinical trainee" has the
meaning given in Minnesota Rules, part 9505.0371, subpart 5, item C;
(e) "Crisis assistance" has
the meaning given in section 245.4871, subdivision 9a, including the
development of a plan that addresses prevention and intervention strategies to
be used in a potential crisis, but does not include actual crisis intervention.
(f) "Culturally appropriate"
means providing mental health services in a manner that incorporates the
child's cultural influences, as defined in Minnesota Rules, part 9505.0370,
subpart 9, into interventions as a way to maximize resiliency factors and
utilize cultural strengths and resources to promote overall wellness.
(g) "Culture" means the
distinct ways of living and understanding the world that are used by a group of
people and are transmitted from one generation to another or adopted by an
individual.
(h) "Diagnostic assessment"
has the meaning given in Minnesota Rules, part 9505.0370, subpart 11.
(i) "Family" means a person
who is identified by the client or the client's parent or guardian as being
important to the client's mental health treatment. Family may include, but is not limited to,
parents, foster parents, children, spouse, committed partners, former spouses,
persons related by blood or adoption, persons who are a part of the client's permanency
plan, or persons who are presently residing together as a family unit.
(j) "Foster care" has the
meaning given in section 260C.007, subdivision 18.
(k) "Foster family setting"
means the foster home in which the license holder resides.
(l) "Individual treatment
plan" has the meaning given in Minnesota Rules, part 9505.0370, subpart
15.
(m) "Mental health
practitioner" has the meaning given in Minnesota Rules, part 9505.0370,
subpart 17.
(n) "Mental health
professional" has the meaning given in Minnesota Rules, part 9505.0370,
subpart 18.
(o) "Mental illness" has the
meaning given in Minnesota Rules, part 9505.0370, subpart 20.
(p) "Parent" has the meaning
given in section 260C.007, subdivision 25.
(q) "Psychoeducation services"
means information or demonstration provided to an individual, family, or group
to explain, educate, and support the individual, family, or group in
understanding a child's symptoms of mental illness, the impact on the child's
development, and needed components of treatment and skill development so that
the individual, family, or group can help the child to prevent relapse, prevent
the acquisition of comorbid disorders, and achieve optimal mental health and
long-term resilience.
(r) "Psychotherapy"
has the meaning given in Minnesota Rules, part 9505.0370, subpart 27.
(s) "Team consultation and
treatment planning" means the coordination of treatment plans and
consultation among providers in a group concerning the treatment needs of the
child, including disseminating the child's treatment service schedule to all
members of the service team. Team
members must include all mental health professionals working with the child, a
parent, the child unless the team lead or parent deem it clinically
inappropriate, and at least two of the following: an individualized education program case
manager; probation agent; children's mental health case manager; child welfare
worker, including adoption or guardianship worker; primary care provider;
foster parent; and any other member of the child's service team.
Subd. 2. Determination
of client eligibility. A client's
eligibility to receive treatment foster care under this section shall be
determined by An eligible recipient is an individual, from birth through
age 20, who is currently placed in a foster home licensed under Minnesota
Rules, parts 2960.3000 to 2960.3340, and has received a diagnostic
assessment, and an evaluation of level of care needed, and
development of an individual treatment plan, as defined in paragraphs (a) to
(c) and (b).
(a) The diagnostic assessment must:
(1) meet
criteria described in Minnesota Rules, part 9505.0372, subpart 1, and be
conducted by a psychiatrist, licensed psychologist, or licensed independent
clinical social worker that is mental health professional or a clinical
trainee;
(2) determine whether or not a child
meets the criteria for mental illness, as defined in Minnesota Rules, part
9505.0370, subpart 20;
(3) document that intensive treatment
services are medically necessary within a foster family setting to ameliorate
identified symptoms and functional impairments;
(4) be performed within 180 days prior
to before the start of service; and
(2) include current diagnoses on all
five axes of the client's current mental health status;
(3) determine whether or not a child
meets the criteria for severe emotional disturbance in section 245.4871,
subdivision 6, or for serious and persistent mental illness in section 245.462,
subdivision 20; and
(4) be completed annually until age 18. For individuals between age 18 and 21, unless
a client's mental health condition has changed markedly since the client's most
recent diagnostic assessment, annual updating is necessary. For the purpose of this section,
"updating" means a written summary, including current diagnoses on
all five axes, by a mental health professional of the client's current mental
status and service needs.
(5) be completed as either a standard
or extended diagnostic assessment annually to determine continued eligibility
for the service.
(b) The evaluation of level of care must
be conducted by the placing county with an instrument, tribe, or case
manager in conjunction with the diagnostic assessment as described by Minnesota
Rules, part 9505.0372, subpart 1, item B, using a validated tool approved
by the commissioner of human services and not subject to the rulemaking
process, consistent with section 245.4885, subdivision 1, paragraph (d), the
result of which evaluation demonstrates that the child requires intensive
intervention without 24-hour medical monitoring. The commissioner shall update the list of
approved level of care instruments tools annually and publish
on the department's Web site.
(c) The individual treatment plan must
be:
(1) based on the information in
the client's diagnostic assessment;
(2) developed through a child-centered,
family driven planning process that identifies service needs and
individualized, planned, and culturally appropriate interventions that contain
specific measurable treatment goals and objectives for the client and treatment
strategies for the client's family and foster family;
(3) reviewed at least once every 90
days and revised; and
(4) signed by the client or, if
appropriate, by the client's parent or other person authorized by statute to
consent to mental health services for the client.
Subd. 3. Eligible
mental health services providers.
(a) Eligible providers for intensive children's mental health
services in a foster family setting must be certified by the state and have a
service provision contract with a county board or a reservation tribal council
and must be able to demonstrate the ability to provide all of the services
required in this section.
(b) For purposes of this section, a
provider agency must have an individual placement agreement for each
recipient and must be a licensed child placing agency, under Minnesota Rules,
parts 9543.0010 to 9543.0150, and either be:
(1) a county county-operated
entity certified by the state;
(2) an Indian Health Services facility operated by a tribe or tribal organization under funding authorized by United States Code, title 25, sections 450f to 450n, or title 3 of the Indian Self-Determination Act, Public Law 93-638, section 638 (facilities or providers); or
(3) a noncounty entity under contract
with a county board.
(c) Certified providers that do not
meet the service delivery standards required in this section shall be subject
to a decertification process.
(d) For the purposes of this section,
all services delivered to a client must be provided by a mental health
professional or a clinical trainee.
Subd. 4. Eligible
provider responsibilities Service delivery payment requirements. (a) To be an eligible provider
for payment under this section, a provider must develop and practice
written policies and procedures for treatment foster care services intensive
treatment in foster care, consistent with subdivision 1, paragraph (b), clauses
(1), (2), and (3) and comply with the following requirements in
paragraphs (b) to (n).
(b) In delivering services under this
section, a treatment foster care provider must ensure that staff caseload size
reasonably enables the provider to play an active role in service planning,
monitoring, delivering, and reviewing for discharge planning to meet the needs
of the client, the client's foster family, and the birth family, as specified
in each client's individual treatment plan.
(b) A qualified clinical supervisor, as
defined in and performing in compliance with Minnesota Rules, part 9505.0371,
subpart 5, item D, must supervise the treatment and provision of services
described in this section.
(c) Each client receiving treatment
services must receive an extended diagnostic assessment, as described in
Minnesota Rules, part 9505.0372, subpart 1, item C, within 30 days of
enrollment in this service unless the client has a previous extended diagnostic
assessment that the client, parent, and mental health professional agree still
accurately describes the client's current mental health functioning.
(d) Each previous and current
mental health, school, and physical health treatment provider must be contacted
to request documentation of treatment and assessments that the eligible client
has received. This information must be
reviewed and incorporated into the diagnostic assessment and team consultation
and treatment planning review process.
(e) Each client receiving treatment
must be assessed for a trauma history, and the client's treatment plan must
document how the results of the assessment will be incorporated into treatment.
(f) Each client receiving treatment
services must have an individual treatment plan that is reviewed, evaluated,
and signed every 90 days using the team consultation and treatment planning
process, as defined in subdivision 1a, paragraph (s).
(g) Care consultation, as defined in
subdivision 1a, paragraph (a), must be provided in accordance with the client's
individual treatment plan.
(h) Each client must have a crisis
assistance plan within ten days of initiating services and must have access to clinical
phone support 24 hours per day, seven days per week, during the course of
treatment. The crisis plan must
demonstrate coordination with the local or regional mobile crisis intervention
team.
(i) Services must be delivered and
documented at least three days per week, equaling at least six hours of
treatment per week, unless reduced units of service are specified on the
treatment plan as part of transition or on a discharge plan to another service
or level of care. Documentation must
comply with Minnesota Rules, parts 9505.2175 and 9505.2197.
(j) Location of service delivery must
be in the client's home, day care setting, school, or other community-based
setting that is specified on the client's individualized treatment plan.
(k) Treatment must be developmentally
and culturally appropriate for the client.
(l) Services must be delivered in
continual collaboration and consultation with the client's medical providers
and, in particular, with prescribers of psychotropic medications, including
those prescribed on an off-label basis. Members
of the service team must be aware of the medication regimen and potential side
effects.
(m) Parents, siblings, foster parents,
and members of the child's permanency plan must be involved in treatment and
service delivery unless otherwise noted in the treatment plan.
(n)
Transition planning for the child must be conducted starting with the first
treatment plan and must be addressed throughout treatment to support the
child's permanency plan and postdischarge mental health service needs.
Subd. 5. Service authorization. The commissioner will administer authorizations for services under this section in compliance with section 256B.0625, subdivision 25.
Subd. 6. Excluded
services. (a) Services in clauses
(1) to (4) (7) are not covered under this section and are not
eligible for medical assistance payment as components of intensive
treatment in foster care services, but may be billed separately:
(1) treatment foster care services
provided in violation of medical assistance policy in Minnesota Rules, part
9505.0220;
(2) service components of children's
therapeutic services and supports simultaneously provided by more than one
treatment foster care provider;
(3) home and community-based
waiver services; and
(4) treatment foster care services
provided to a child without a level of care determination according to section
245.4885, subdivision 1.
(1) inpatient psychiatric hospital
treatment;
(2) mental health targeted case
management;
(3) partial hospitalization;
(4) medication management;
(5) children's mental health day
treatment services;
(6) crisis response services under
section 256B.0944; and
(7) transportation.
(b) Children receiving intensive treatment in foster care services are not eligible for medical assistance reimbursement for the following services while receiving intensive treatment in foster care:
(1) mental health case management
services under section 256B.0625, subdivision 20; and
(2) (1) psychotherapy and skill
skills training components of children's therapeutic services and
supports under section 256B.0625, subdivision 35b.;
(2) mental health behavioral aide
services as defined in section 256B.0943, subdivision 1, paragraph (m);
(3) home and community-based waiver services;
(4) mental health residential
treatment; and
(5) room and board costs as defined in
section 256I.03, subdivision 6.
Subd. 7. Medical assistance payment and rate
setting. The commissioner
shall establish a single daily per-client encounter rate for intensive
treatment in foster care services. The
rate must be constructed to cover only eligible services delivered to an
eligible recipient by an eligible provider, as prescribed in subdivision 1,
paragraph (b).
Sec. 27. Minnesota Statutes 2012, section 256B.49, is amended by adding a subdivision to read:
Subd. 24. Waiver allocations for transition
populations. (a) The
commissioner shall make available additional waiver allocations and additional
necessary resources to assure timely discharges from the Anoka Metro Regional
Treatment Center and the Minnesota Security Hospital in St. Peter for
individuals who meet the following criteria:
(1) are otherwise eligible for the
brain injury, community alternatives for disabled individuals, or community
alternative care waivers under this section;
(2)
who would otherwise remain at the Anoka Metro Regional Treatment Center or the
Minnesota Security Hospital;
(3) whose discharge would be
significantly delayed without the available waiver allocation; and
(4) who have met treatment
objectives and no longer meet hospital level of care.
(b) Additional waiver allocations under
this subdivision must meet cost-effectiveness requirements of the federal
approved waiver plan.
(c) Any corporate foster care home
developed under this subdivision must be considered an exception under section
245A.03, subdivision 7, paragraph (a).
EFFECTIVE
DATE. This section is
effective July 1, 2013.
Sec. 28. Minnesota Statutes 2012, section 256B.761, is amended to read:
256B.761
REIMBURSEMENT FOR MENTAL HEALTH SERVICES.
(a) Effective for services rendered on or after July 1, 2001, payment for medication management provided to psychiatric patients, outpatient mental health services, day treatment services, home-based mental health services, and family community support services shall be paid at the lower of (1) submitted charges, or (2) 75.6 percent of the 50th percentile of 1999 charges.
(b) Effective July 1, 2001, the medical assistance rates for outpatient mental health services provided by an entity that operates: (1) a Medicare-certified comprehensive outpatient rehabilitation facility; and (2) a facility that was certified prior to January 1, 1993, with at least 33 percent of the clients receiving rehabilitation services in the most recent calendar year who are medical assistance recipients, will be increased by 38 percent, when those services are provided within the comprehensive outpatient rehabilitation facility and provided to residents of nursing facilities owned by the entity.
(c) The commissioner shall establish three levels of payment for mental health diagnostic assessment, based on three levels of complexity. The aggregate payment under the tiered rates must not exceed the projected aggregate payments for mental health diagnostic assessment under the previous single rate. The new rate structure is effective January 1, 2011, or upon federal approval, whichever is later.
(d) In addition to rate increases
otherwise provided, the commissioner may restructure coverage policy and rates
to improve access to adult rehabilitative mental health services under section
256B.0623 and related mental health support services under section 256B.021,
subdivision 4, paragraph (f), clause (2).
For state fiscal years 2015 and 2016, the projected state share of
increased costs due to this paragraph is transferred from adult mental health
grants under sections 245.4661 and 256E.12.
The transfer for fiscal year 2016 is a permanent base adjustment for
subsequent fiscal years. Payments made
to managed care plans and county-based purchasing plans under sections 256B.69,
256B.692, and 256L.12 shall reflect the rate changes described in this
paragraph.
Sec. 29. CHILD
AND ADOLESCENT BEHAVIORAL HEALTH SERVICES.
The commissioner of human services
shall, in consultation with children's mental health community providers,
hospitals providing care to children, children's mental health advocates, and
other interested parties, develop recommendations and legislation, if
necessary, for the state-operated child and adolescent behavioral health
services facility to ensure that:
(1) the facility and the services
provided meet the needs of children with serious emotional disturbances, autism
spectrum disorders, reactive attachment disorder, PTSD, serious emotional
disturbance co-occurring with a developmental disability, borderline
personality disorder, schizophrenia, fetal alcohol spectrum disorders, brain
injuries, violent tendencies, and complex medical issues;
(2) qualified personnel and
staff can be recruited who have specific expertise and training to treat the
children in the facility; and
(3) the treatment provided at the
facility is high-quality, effective treatment.
Sec. 30. PILOT
PROVIDER INPUT SURVEY OF PEDIATRIC SERVICES AND CHILDREN'S MENTAL HEALTH SERVICES.
(a) To assess the efficiency and other
operational issues in the management of the health care delivery system, the
commissioner of human services shall initiate a provider survey. The pilot survey shall consist of an electronic
survey of providers of pediatric home health care services and children's
mental health services to identify and measure issues that arise in dealing
with the management of medical assistance.
To the maximum degree possible, existing technology shall be used and
interns sought to analyze the results.
(b) The survey questions must focus on
seven key business functions provided by medical assistance contractors: provider inquiries; provider outreach and
education; claims processing; appeals; provider enrollment; medical review; and
provider audit and reimbursement. The
commissioner must consider the results of the survey in evaluating and renewing
managed care and fee-for-service management contracts.
(c) The commissioner shall report by
January 15, 2014, the results of the survey to the chairs of the health and
human services policy and finance committees and shall make recommendations on
the value of implementing an annual survey with a rotating list of provider
groups as a component of the continuous quality improvement system for medical
assistance.
Sec. 31. MENTALLY
ILL AND DANGEROUS COMMITMENTS STAKEHOLDERS GROUP.
(a) The commissioner of human services,
in consultation with the state court administrator, shall convene a stakeholder
group to develop recommendations for the legislature that address issues raised
in the February 2013 Office of the Legislative Auditor report on State-Operated
Services for persons committed to the commissioner as mentally ill and
dangerous under Minnesota Statutes, section 253B.18. Stakeholders must include representatives
from the Department of Human Services, county human services, county attorneys,
commitment defense attorneys, the ombudsman for mental health and developmental
disabilities, the federal protection and advocacy system, and consumers and
advocates for persons with mental illnesses.
(b) The stakeholder group shall provide
recommendations in the following areas:
(1) the role of the special review
board, including the scope of authority of the special review board and the
authority of the commissioner to accept or reject special review board
recommendations;
(2) review of special review board
decisions by the district court;
(3) annual district court review of
commitment, scope of court authority, and appropriate review criteria;
(4) options, including annual court hearing and review, as alternatives to indeterminate commitment under Minnesota Statutes, section 253B.18; and
(5) extension of the right to petition
the court under Minnesota Statutes, section 253B.17, to those committed under
Minnesota Statutes, section 253B.18. The
commissioner of human services and the state court administrator shall provide
relevant data for the group's consideration in developing these
recommendations, including numbers of proceedings in each category and costs
associated with court and administrative proceedings under Minnesota Statutes,
section 253B.18.
(c) By January 15, 2014, the
commissioner of human services shall submit the recommendations of the stakeholder
group to the chairs and ranking minority members of the committees of the
legislature with jurisdiction over civil commitment and human services issues.
Sec. 32. STATE
ASSISTANCE TO COUNTIES; TRANSITIONS FOR HIGH NEEDS POPULATIONS.
(a) Effective immediately, the commissioner of human services shall work with counties that request assistance to assure timely discharge from Anoka Metro Regional Treatment Center and the Minnesota Security Hospital for individuals who are ready for discharge but for whom the county may not have provider resources or appropriate placement available. Special consideration must be given to uninsured individuals who are not eligible for medical assistance and who may need continued treatment, and individuals with complex needs and other factors that hinder county efforts to place the individual in a safe, affordable setting.
(b) The commissioner shall assure that,
given Olmstead court directives and the role family and friends play in
treatment progress, metropolitan area residents are asked whether they wished
to be placed in an Intensive Residential Treatment Service program at Willmar
or Cambridge or to be placed in a location more accessible to family, friends,
and health providers.
ARTICLE 5
DEPARTMENT OF HUMAN SERVICES PROGRAM INTEGRITY
Section 1. Minnesota Statutes 2012, section 13.461, is amended by adding a subdivision to read:
Subd. 7b. Child
care provider and recipient fraud investigations. Data related to child care fraud and
recipient fraud investigations are governed by section 245E.01, subdivision 15.
Sec. 2. Minnesota Statutes 2012, section 243.166, subdivision 7, is amended to read:
Subd. 7. Use of data. (a) Except as otherwise provided in subdivision 7a or sections 244.052 and 299C.093, the data provided under this section is private data on individuals under section 13.02, subdivision 12.
(b) The data may be used only for
by law enforcement and corrections agencies for law enforcement and
corrections purposes.
(c) The commissioner of human services
is authorized to have access to the data for:
(1) state-operated services, as
defined in section 246.014, are also authorized to have access to the data
for the purposes described in section 246.13, subdivision 2, paragraph (b);
and
(2) purposes of completing background studies under chapter 245C.
Sec. 3. Minnesota Statutes 2012, section 245C.04, is amended by adding a subdivision to read:
Subd. 4a. Agency
background studies. (a) The
commissioner shall develop and implement an electronic process for the regular
transfer of new criminal case information that is added to the Minnesota court
information system. The commissioner's
system must include for review only information that relates to individuals who
have been the subject of a background study under this chapter that remain
affiliated with the agency that initiated the background study. For purposes of this paragraph, an individual
remains affiliated with an agency that initiated the background study until the
agency informs the commissioner that the individual is no longer affiliated. When any individual no longer affiliated
according to this paragraph returns to a position requiring a background study
under this chapter, the agency with whom the individual is again affiliated
shall initiate a new background study regardless of the length of time the
individual was no longer affiliated with the agency.
(b) The commissioner shall
develop and implement an online system for agencies that initiate background
studies under this chapter to access and maintain records of background studies
initiated by that agency. The system
must show all active background study subjects affiliated with that agency and
the status of each individual's background study. Each agency that initiates background studies
must use this system to notify the commissioner of discontinued affiliation for
purposes of the processes required under paragraph (a).
Sec. 4. Minnesota Statutes 2012, 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, including information regarding a background study subject's registration in Minnesota as a predatory offender under section 243.166;
(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.
(c) The commissioner shall also review
criminal case information received according to section 245C.04, subdivision
4a, from the Minnesota court information system that relates to individuals who
have already been studied under this chapter and who remain affiliated with the
agency that initiated the background study.
Sec. 5. [245E.01]
CHILD CARE PROVIDER AND RECIPIENT FRAUD INVESTIGATIONS WITHIN THE CHILD CARE
ASSISTANCE PROGRAM.
Subdivision 1. Definitions. (a) For purposes of this section, the
terms defined in this subdivision have the meanings given them.
(b) "Applicant" has the
meaning given in section 119B.011, subdivision 2.
(c) "Child care assistance
program" means any of the assistance programs under chapter 119B.
(d) "Commissioner" means the
commissioner of human services.
(e) "Controlling individual"
has the meaning given in section 245A.02, subdivision 5a.
(f) "County" means a local
county child care assistance program staff or subcontracted staff, or a county
investigator acting on behalf of the commissioner.
(g) "Department" means the
Department of Human Services.
(h) "Financial misconduct" or
"misconduct" means an entity's or individual's acts or omissions that
result in fraud and abuse or error against the Department of Human Services.
(i) "Identify" means to
furnish the full name, current or last known address, phone number, and e-mail
address of the individual or business entity.
(j) "License holder" has the
meaning given in section 245A.02, subdivision 9.
(k) "Mail" means the use of
any mail service with proof of delivery and receipt.
(l) "Provider" means either a
provider as defined in section 119B.011, subdivision 19, or a legal unlicensed
provider as defined in section 119B.011, subdivision 16.
(m) "Recipient" means a
family receiving assistance as defined under section 119B.011, subdivision 13.
(n) "Terminate" means
revocation of participation in the child care assistance program.
Subd. 2. Investigating
provider or recipient financial misconduct.
The department shall investigate alleged or suspected financial
misconduct by providers and errors related to payments issued by the child care
assistance program under this chapter. Recipients,
employees, and staff may be investigated when the evidence shows that their
conduct is related to the financial misconduct of a provider, license holder,
or controlling individual.
Subd. 3. Scope
of investigations. (a) The
department may contact any person, agency, organization, or other entity that is
necessary to an investigation.
(b) The department may examine or
interview any individual, document, or piece of evidence that may lead to
information that is relevant to child care assistance program benefits,
payments, and child care provider authorizations. This includes, but is not limited to:
(1) child care assistance program
payments;
(2) services provided by the program or
related to child care assistance program recipients;
(3) services provided to a provider;
(4) provider financial records of any
type;
(5) daily attendance records of the
children receiving services from the provider;
(6) billings; and
(7) verification of the
credentials of a license holder, controlling individual, employee, staff
person, contractor, subcontractor, and entities under contract with the
provider to provide services or maintain service and the provider's financial
records related to those services.
Subd. 4. Determination
of investigation. After
completing its investigation, the department shall issue one of the following
determinations:
(1) no violation of child care
assistance requirements occurred;
(2) there is insufficient evidence to
show that a violation of child care assistance requirements occurred;
(3) a preponderance of evidence shows a
violation of child care assistance program law, rule, or policy; or
(4) there exists a credible allegation
of fraud.
Subd. 5. Actions
or administrative sanctions. (a)
After completing the determination under subdivision 4, the department may take
one or more of the actions or sanctions specified in this subdivision.
(b) The department may take the
following actions:
(1) refer the investigation to law
enforcement or a county attorney for possible criminal prosecution;
(2)
refer relevant information to the department's licensing division, the child
care assistance program, the Department of Education, the federal child and
adult care food program, or appropriate child or adult protection agency;
(3) enter into a settlement agreement
with a provider, license holder, controlling individual, or recipient; or
(4) refer the matter for review by a
prosecutorial agency with appropriate jurisdiction for possible civil action
under the Minnesota False Claims Act, chapter 15C.
(c) In addition to section 256.98, the
department may impose sanctions by:
(1) pursuing administrative
disqualification through hearings or waivers;
(2) establishing and seeking monetary recovery or recoupment; or
(3) issuing an order of corrective
action that states the practices that are violations of child care assistance
program policies, laws, or regulations, and that they must be corrected.
Subd. 6. Duty
to provide access. (a) A
provider, license holder, controlling individual, employee, staff person, or
recipient has an affirmative duty to provide access upon request to information
specified under subdivision 8 or the program facility.
(b) Failure to provide access may
result in denial or termination of authorizations for or payments to a
recipient, provider, license holder, or controlling individual in the child
care assistance program.
(c) When a provider fails to provide
access, a 15-day notice of denial or termination must be issued to the
provider, which prohibits the provider from participating in the child care
assistance program. Notice must be sent
to recipients whose children are under the provider's care pursuant to
Minnesota Rules, part 3400.0185.
(d) If the provider continues
to fail to provide access at the expiration of the 15-day notice period, child
care assistance program payments to the provider must be denied beginning the
16th day following notice of the initial failure or refusal to provide access. The department may rescind the denial based
upon good cause if the provider submits in writing a good cause basis for
having failed or refused to provide access.
The writing must be postmarked no later than the 15th day following the
provider's notice of initial failure to provide access. Additionally, the provider, license holder,
or controlling individual must immediately provide complete, ongoing access to
the department. Repeated failures to
provide access must, after the initial failure or for any subsequent failure,
result in termination from participation in the child care assistance program.
(e)
The department, at its own expense, may photocopy or otherwise duplicate
records referenced in subdivision 8.
Photocopying must be done on the provider's premises on the day of the
request or other mutually agreeable time, unless removal of records is specifically
permitted by the provider. If requested,
a provider, license holder, or controlling individual, or a designee, must
assist the investigator in duplicating any record, including a hard copy or
electronically stored data, on the day of the request.
(f) A provider, license holder,
controlling individual, employee, or staff person must grant the department
access during the department's normal business hours, and any hours that the
program is operated, to examine the provider's program or the records listed in
subdivision 8. A provider shall make
records available at the provider's place of business on the day for which
access is requested, unless the provider and the department both agree
otherwise. The department's normal
business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding
state holidays as defined in section 645.44, subdivision 5.
Subd. 7. Honest
and truthful statements. It
shall be unlawful for a provider, license holder, controlling individual, or
recipient to:
(1) falsify, conceal, or cover up by
any trick, scheme, or device a material fact;
(2) make any materially false,
fictitious, or fraudulent statement or representation; or
(3) make or use any false writing or
document knowing the same to contain any materially false, fictitious, or
fraudulent statement or entry related to any child care assistance program
services that the provider, license holder, or controlling individual supplies
or in relation to any child care assistance payments received by a provider,
license holder, or controlling individual or to any fraud investigator or law
enforcement officer conducting a financial misconduct investigation.
Subd. 8. Record
retention. (a) The following
records must be maintained, controlled, and made immediately accessible to
license holders, providers, and controlling individuals. The records must be organized and labeled to
correspond to categories that make them easy to identify so that they can be
made available immediately upon request to an investigator acting on behalf of
the commissioner at the provider's place of business:
(1) payroll ledgers, canceled checks,
bank deposit slips, and any other accounting records;
(2) daily attendance records required
by and that comply with section 119B.125, subdivision 6;
(3) billing transmittal forms
requesting payments from the child care assistance program and billing
adjustments related to child care assistance program payments;
(4) records identifying all persons,
corporations, partnerships, and entities with an ownership or controlling
interest in the provider's child care business;
(5) employee records
identifying those persons currently employed by the provider's child care
business or who have been employed by the business at any time within the
previous five years. The records must
include each employee's name, hourly and annual salary, qualifications,
position description, job title, and dates of employment. In addition, employee records that must be
made available include the employee's time sheets, current home address of the
employee or last known address of any former employee, and documentation of
background studies required under chapter 119B or 245C;
(6) records related to transportation
of children in care, including but not limited to:
(i) the dates and times that
transportation is provided to children for transportation to and from the
provider's business location for any purpose.
For transportation related to field trips or locations away from the
provider's business location, the names and addresses of those field trips and
locations must also be provided;
(ii) the name, business address, phone
number, and Web site address, if any, of the transportation service utilized;
and
(iii) all billing or transportation
records related to the transportation.
(b) A provider, license holder, or
controlling individual must retain all records in paragraph (a) for at least
six years after the last date of service.
Microfilm or electronically stored records satisfy the record keeping
requirements of this subdivision.
(c) A provider, license holder, or
controlling individual who withdraws or is terminated from the child care
assistance program must retain the records required under this subdivision and
make them available to the department on demand.
(d) If the ownership of a provider
changes, the transferor, unless otherwise provided by law or by written
agreement with the transferee, is responsible for maintaining, preserving, and
upon request from the department, making available the records related to the
provider that were generated before the date of the transfer. Any written agreement affecting this
provision must be held in the possession of the transferor and transferee. The written agreement must be provided to the
department or county immediately upon request, and the written agreement must
be retained by the transferor and transferee for six years after the agreement
is fully executed.
(e) In the event of an appealed case,
the provider must retain all records required in this subdivision for the
duration of the appeal or six years, whichever is longer.
(f) A provider's use of electronic
record keeping or electronic signatures is governed by chapter 325L.
Subd. 9. Factors
regarding imposition of administrative sanctions. (a) The department shall consider the
following factors in determining the administrative sanctions to be imposed:
(1) nature and extent of financial
misconduct;
(2) history of financial misconduct;
(3) actions taken or recommended by
other state agencies, other divisions of the department, and court and
administrative decisions;
(4) prior imposition of sanctions;
(5) size and type of provider;
(6) information obtained
through an investigation from any source;
(7) convictions or pending criminal
charges; and
(8) any other information relevant to
the acts or omissions related to the financial misconduct.
(b) Any single factor under paragraph
(a) may be determinative of the department's decision of whether and what
sanctions are imposed.
Subd. 10. Written
notice of department sanction. (a)
The department shall give notice in writing to a person of an administrative
sanction that is to be imposed. The
notice shall be sent by mail as defined in subdivision 1, paragraph (k).
(b) The notice shall state:
(1) the factual basis for the
department's determination;
(2) the sanction the department intends
to take;
(3) the dollar amount of the monetary
recovery or recoupment, if any;
(4) how the dollar amount was computed;
(5) the right to dispute the
department's determination and to provide evidence;
(6) the right to appeal the
department's proposed sanction; and
(7) the option to meet informally with
department staff, and to bring additional documentation or information, to
resolve the issues.
(c) In cases of determinations
resulting in denial or termination of payments, in addition to the requirements
of paragraph (b), the notice must state:
(1) the length of the denial or
termination;
(2) the requirements and procedures for
reinstatement; and
(3) the provider's right to submit
documents and written arguments against the denial or termination of payments
for review by the department before the effective date of denial or
termination.
(d) The submission of documents and
written argument for review by the department under paragraph (b), clause (5)
or (7), or paragraph (c), clause (3), does not stay the deadline for filing an
appeal.
(e) Unless timely appealed, the
effective date of the proposed sanction shall be 30 days after the license
holder's, provider's, controlling individual's, or recipient's receipt of the
notice. If a timely appeal is made, the
proposed sanction shall be delayed pending the final outcome of the appeal. Implementation of a proposed sanction
following the resolution of a timely appeal may be postponed if, in the opinion
of the department, the delay of sanction is necessary to protect the health or
safety of children in care. The
department may consider the economic hardship of a person in implementing the
proposed sanction, but economic hardship shall not be a determinative factor in
implementing the proposed sanction.
(f) Requests for an informal
meeting to attempt to resolve issues and requests for appeals must be sent or
delivered to the department's Office of Inspector General, Financial Fraud and
Abuse Division.
Subd. 11. Appeal
of department sanction under this section.
(a) If the department does not pursue a criminal action against a
provider, license holder, controlling individual, or recipient for financial
misconduct, but the department imposes an administrative sanction under
subdivision 5, paragraph (c), any individual or entity against whom the
sanction was imposed may appeal the department's administrative sanction under
this section pursuant to section 119B.16 or 256.045 with the additional
requirements in clauses (1) to (4). An
appeal must specify:
(1) each disputed item, the reason for
the dispute, and an estimate of the dollar amount involved for each disputed
item, if appropriate;
(2) the computation that is believed to
be correct, if appropriate;
(3) the authority in the statute or rule
relied upon for each disputed item; and
(4) the name, address, and phone number
of the person at the provider's place of business with whom contact may be made
regarding the appeal.
(b) An appeal is considered timely only
if postmarked or received by the department's Appeals Division within 30 days
after receiving a notice of department sanction.
(c) Before the appeal hearing, the
department may deny or terminate authorizations or payment to the entity or
individual if the department determines that the action is necessary to protect
the public welfare or the interests of the child care assistance program.
Subd. 12. Consolidated
hearings with licensing sanction. If
a financial misconduct sanction has an appeal hearing right and it is timely
appealed, and a licensing sanction exists for which there is an appeal hearing
right and the sanction is timely appealed, and the overpayment recovery action
and licensing sanction involve the same set of facts, the overpayment recovery
action and licensing sanction must be consolidated in the contested case
hearing related to the licensing sanction.
Subd. 13. Grounds
for and methods of monetary recovery.
(a) The department may obtain monetary recovery from a provider
who has been improperly paid by the child care assistance program, regardless
of whether the error was intentional or county error. The department does not need to establish a
pattern as a precondition of monetary recovery of erroneous or false billing
claims, duplicate billing claims, or billing claims based on false statements
or financial misconduct.
(b) The department shall obtain monetary
recovery from providers by the following means:
(1) permitting voluntary repayment of
money, either in lump-sum payment or installment payments;
(2) using any legal collection process;
(3) deducting or withholding program
payments; or
(4) utilizing the means set forth in
chapter 16D.
Subd. 14. Reporting
of suspected fraudulent activity. (a)
A person who, in good faith, makes a report of or testifies in any action or
proceeding in which financial misconduct is alleged, and who is not involved
in, has not participated in, or has not aided and abetted, conspired, or
colluded in the financial misconduct, shall have immunity from any liability,
civil or criminal, that results by reason of the person's report or testimony. For the purpose of any proceeding, the good
faith of any person reporting or testifying under this provision shall be
presumed.
(b) If a person that is or has
been involved in, participated in, aided and abetted, conspired, or colluded in
the financial misconduct reports the financial misconduct, the department may
consider that person's report and assistance in investigating the misconduct as
a mitigating factor in the department's pursuit of civil, criminal, or
administrative remedies.
Subd. 15. Data
privacy. Data of any kind
obtained or created in relation to a provider or recipient investigation under
this section is defined, classified, and protected the same as all other data
under section 13.46, and this data has the same classification as licensing
data.
Subd. 16. Monetary
recovery; random sample extrapolation.
The department is authorized to calculate the amount of monetary
recovery from a provider, license holder, or controlling individual based upon
extrapolation from a statistical random sample of claims submitted by the
provider, license holder, or controlling individual and paid by the child care
assistance program. The department's
random sample extrapolation shall constitute a rebuttable presumption of the
accuracy of the calculation of monetary recovery. If the presumption is not rebutted by the
provider, license holder, or controlling individual in the appeal process, the
department shall use the extrapolation as the monetary recovery figure. The department may use sampling and
extrapolation to calculate the amount of monetary recovery if the claims to be
reviewed represent services to 50 or more children in care.
Subd. 17. Effect
of department's monetary penalty determination. Unless a timely and proper appeal is
received by the department, the department's administrative determination or
sanction shall be considered a final department determination.
Subd. 18. Office
of Inspector General recoveries. Overpayment
recoveries resulting from child care provider fraud investigations initiated by
the department's Office of Inspector General's fraud investigations staff are
excluded from the county recovery provision in section 119B.11, subdivision 3.
Sec. 6. Minnesota Statutes 2012, 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.
(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 commissioner
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. The commissioner shall publish in the
Minnesota Health Care Program Provider Manual a list of provider types
designated "limited," "moderate," or "high-risk,"
based on the criteria and standards used to designate Medicare providers in
Code of Federal Regulations, title 42, section 424.518. The list and criteria are not subject to the
requirements of chapter 14. The
commissioner's designations are not subject to administrative appeal.
(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.
(g)(1) Upon initial enrollment,
reenrollment, and revalidation, all durable medical equipment, prosthetics,
orthotics, and supplies (DMEPOS) suppliers operating in Minnesota and receiving
Medicaid funds, must purchase a surety bond that is annually renewed and designates
the Minnesota Department of Human Services as the obligee, and must be
submitted in a form approved by the commissioner.
(2) At the time of initial enrollment
or reenrollment, the provider agency must purchase a performance bond of
$50,000. If a revalidating provider's
Medicaid revenue in the previous calendar year is up to and including $300,000,
the provider agency must purchase a performance bond of $50,000. If a revalidating provider's Medicaid revenue
in the previous calendar year is over $300,000, the provider agency must
purchase a performance bond of $100,000.
The performance bond must allow for recovery of costs and fees in
pursuing a claim on the bond.
(h) The Department of Human Services
may require a provider to purchase a performance surety bond as a condition of
initial enrollment, reenrollment, reinstatement, or continued enrollment if: (1) the provider fails to demonstrate
financial viability, (2) the department determines there is significant
evidence of or potential for fraud and abuse by the provider, or (3) the
provider or category of providers is designated high-risk pursuant to paragraph
(a) and as per Code of Federal Regulations, title 42, section 455.450. The performance bond must be in an amount
of $100,000 or ten percent of
the provider's payments from Medicaid during the immediately preceding 12
months, whichever is greater. The
performance bond must name the Department of Human Services as an obligee and
must allow for recovery of costs and fees in pursuing a claim on the bond.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 7. Minnesota Statutes 2012, section 256B.04, is amended by adding a subdivision to read:
Subd. 22. Application
fee. (a) The commissioner
must collect and retain federally required nonrefundable application fees to
pay for provider screening activities in accordance with Code of Federal
Regulations, title 42, section 455, subpart E.
The enrollment application must be made under the procedures specified
by the commissioner, in the form specified by the commissioner, and accompanied
by an application fee described in paragraph (b), or a request for a hardship
exception as described in the specified procedures. Application fees must be deposited in the
provider screening account in the special revenue fund. Amounts in the provider screening account are
appropriated to the commissioner for costs associated with the provider
screening activities required in Code of Federal Regulations, title 42, section
455, subpart E. The commissioner shall
conduct screening activities as required by Code of Federal Regulations, title
42, section 455, subpart E, and as otherwise provided by law, to include
database checks, unannounced pre- and postenrollment site visits, fingerprinting,
and criminal background studies. The
commissioner must revalidate all providers under this subdivision at least once
every five years.
(b) The application fee under this
subdivision is $532 for the calendar year 2013.
For calendar year 2014 and subsequent years, the fee:
(1) is adjusted by the percentage
change to the consumer price index for all urban consumers, United States city
average, for the 12-month period ending with June of the previous year. The resulting fee must be announced in the Federal
Register;
(2) is effective from January 1 to
December 31 of a calendar year;
(3) is required on the submission of an
initial application, an application to establish a new practice location, an
application for re-enrollment when the provider is not enrolled at the time of
application of re-enrollment, or at revalidation when required by federal
regulation; and
(4) must be in the amount in effect for
the calendar year during which the application for enrollment, new practice
location, or re-enrollment is being submitted.
(c) The application fee under this
subdivision cannot be charged to:
(1) providers who are enrolled in
Medicare or who provide documentation of payment of the fee to, and enrollment
with, another state, unless the commissioner is required to rescreen the
provider;
(2) providers who are enrolled but are
required to submit new applications for purposes of reenrollment;
(3) a provider who enrolls as an
individual; and
(4) group practices and clinics that
bill on behalf of individually enrolled providers within the practice who have
reassigned their billing privileges to the group practice or clinic.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 8. Minnesota Statutes 2012, section 256B.064, subdivision 1a, is amended to read:
Subd. 1a. Grounds
for sanctions against vendors. The
commissioner may impose sanctions against a vendor of medical care for any of
the following: (1) fraud, theft, or
abuse in connection with the provision of medical care to recipients of public
assistance; (2) a pattern of presentment of false or duplicate claims or claims
for services not medically necessary; (3) a pattern of making false statements
of material facts for the purpose of obtaining greater compensation than that
to which the vendor is legally entitled; (4) suspension or termination as a
Medicare vendor; (5) refusal to grant the state agency access during regular
business hours to examine all records necessary to disclose the extent of
services provided to program recipients and appropriateness of claims for
payment; (6) failure to repay an overpayment or a fine finally
established under this section; and (7) failure to correct errors in
the maintenance of health service or financial records for which a fine was
imposed or after issuance of a warning by the commissioner; and (8) any
reason for which a vendor could be excluded from participation in the Medicare
program under section 1128, 1128A, or 1866(b)(2) of the Social Security Act. The determination of services not medically
necessary may be made by the commissioner in consultation with a peer advisory
task force appointed by the commissioner on the recommendation of appropriate
professional organizations. The task
force expires as provided in section 15.059, subdivision 5.
Sec. 9. Minnesota Statutes 2012, section 256B.064, subdivision 1b, is amended to read:
Subd. 1b. Sanctions available. The commissioner may impose the following sanctions for the conduct described in subdivision 1a: suspension or withholding of payments to a vendor and suspending or terminating participation in the program, or imposition of a fine under subdivision 2, paragraph (f). When imposing sanctions under this section, the commissioner shall consider the nature, chronicity, or severity of the conduct and the effect of the conduct on the health and safety of persons served by the vendor. Regardless of imposition of sanctions, the commissioner may make a referral to the appropriate state licensing board.
Sec. 10. Minnesota Statutes 2012, section 256B.064, subdivision 2, is amended to read:
Subd. 2. Imposition of monetary recovery and sanctions. (a) The commissioner shall determine any monetary amounts to be recovered and sanctions to be imposed upon a vendor of medical care under this section. Except as provided in paragraphs (b) and (d), neither a monetary recovery nor a sanction will be imposed by the commissioner without prior notice and an opportunity for a hearing, according to chapter 14, on the commissioner's proposed action, provided that the commissioner may suspend or reduce payment to a vendor of medical care, except a nursing home or convalescent care facility, after notice and prior to the hearing if in the commissioner's opinion that action is necessary to protect the public welfare and the interests of the program.
(b) Except when the commissioner finds good cause not to suspend payments under Code of Federal Regulations, title 42, section 455.23 (e) or (f), the commissioner shall withhold or reduce payments to a vendor of medical care without providing advance notice of such withholding or reduction if either of the following occurs:
(1) the vendor is convicted of a crime involving the conduct described in subdivision 1a; or
(2) the commissioner determines there is a credible allegation of fraud for which an investigation is pending under the program. A credible allegation of fraud is an allegation which has been verified by the state, from any source, including but not limited to:
(i) fraud hotline complaints;
(ii) claims data mining; and
(iii) patterns identified through provider audits, civil false claims cases, and law enforcement investigations.
Allegations are considered to be credible when they have an indicia of reliability and the state agency has reviewed all allegations, facts, and evidence carefully and acts judiciously on a case-by-case basis.
(c) The commissioner must send notice of the withholding or reduction of payments under paragraph (b) within five days of taking such action unless requested in writing by a law enforcement agency to temporarily withhold the notice. The notice must:
(1) state that payments are being withheld according to paragraph (b);
(2) set forth the general allegations as to the nature of the withholding action, but need not disclose any specific information concerning an ongoing investigation;
(3) except in the case of a conviction for conduct described in subdivision 1a, state that the withholding is for a temporary period and cite the circumstances under which withholding will be terminated;
(4) identify the types of claims to which the withholding applies; and
(5) inform the vendor of the right to submit written evidence for consideration by the commissioner.
The withholding or reduction of payments will not continue after the commissioner determines there is insufficient evidence of fraud by the vendor, or after legal proceedings relating to the alleged fraud are completed, unless the commissioner has sent notice of intention to impose monetary recovery or sanctions under paragraph (a).
(d) The commissioner shall suspend or terminate a vendor's participation in the program without providing advance notice and an opportunity for a hearing when the suspension or termination is required because of the vendor's exclusion from participation in Medicare. Within five days of taking such action, the commissioner must send notice of the suspension or termination. The notice must:
(1) state that suspension or termination is the result of the vendor's exclusion from Medicare;
(2) identify the effective date of the suspension or termination; and
(3) inform the vendor of the need to be reinstated to Medicare before reapplying for participation in the program.
(e) Upon receipt of a notice under paragraph (a) that a monetary recovery or sanction is to be imposed, a vendor may request a contested case, as defined in section 14.02, subdivision 3, by filing with the commissioner a written request of appeal. The appeal request must be received by the commissioner no later than 30 days after the date the notification of monetary recovery or sanction was mailed to the vendor. The appeal request must specify:
(1) each disputed item, the reason for the dispute, and an estimate of the dollar amount involved for each disputed item;
(2) the computation that the vendor believes is correct;
(3) the authority in statute or rule upon which the vendor relies for each disputed item;
(4) the name and address of the person or entity with whom contacts may be made regarding the appeal; and
(5) other information required by the commissioner.
(f) The commissioner may order
a vendor to forfeit a fine for failure to fully document services according to
standards in this chapter and Minnesota Rules, chapter 9505. The commissioner may assess fines if specific
required components of documentation are missing. The fine for incomplete documentation shall
equal 20 percent of the amount paid on the claims for reimbursement submitted
by the vendor, or up to $5,000, whichever is less.
(g) The vendor shall pay the fine
assessed on or before the payment date specified. If the vendor fails to pay the fine, the
commissioner may withhold or reduce payments and recover the amount of the fine. A timely appeal shall stay payment of the
fine until the commissioner issues a final order.
Sec. 11. Minnesota Statutes 2012, section 256B.0659, subdivision 21, is amended to read:
Subd. 21. Requirements
for initial provider enrollment of personal care assistance
provider agencies. (a) All personal
care assistance provider agencies must provide, at the time of enrollment,
reenrollment, and revalidation 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;
(2) proof of surety bond coverage. Upon new enrollment, or if the provider's
Medicaid revenue in the previous calendar year is up to and including $300,000,
the provider agency must purchase a performance bond of $50,000. If the Medicaid revenue in the previous year
is over $300,000, the provider agency must purchase a performance bond of
$100,000. The performance bond must be
in a form approved by the commissioner, must be renewed annually, and must
allow for recovery of costs and fees in pursuing a claim on the bond;
(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;
(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. The revenue generated by the qualified professional and the reasonable costs associated with the qualified professional shall not be used in making this calculation; 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 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. 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.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 12. Minnesota Statutes 2012, section 299C.093, is amended to read:
299C.093
DATABASE OF REGISTERED PREDATORY OFFENDERS.
The superintendent of the Bureau of
Criminal Apprehension shall maintain a computerized data system relating to
individuals required to register as predatory offenders under section 243.166. To the degree feasible, the system must
include the data required to be provided under section 243.166, subdivisions 4
and 4a, and indicate the time period that the person is required to register. The superintendent shall maintain this data
in a manner that ensures that it is readily available to law enforcement
agencies. This data is private data on
individuals under section 13.02, subdivision 12, but may be used for law
enforcement and corrections purposes. The
commissioner of human services has access to the data for state-operated
services, as defined in section 246.014, are also authorized to have access
to the data for the purposes described in section 246.13, subdivision 2,
paragraph (b), and for purposes of conducting background studies under
chapter 245C.
Sec. 13. Minnesota Statutes 2012, section 402A.10, is amended to read:
402A.10
DEFINITIONS.
Subdivision 1. Terms defined. For the purposes of this chapter, the terms defined in this section have the meanings given.
Subd. 1a. Balanced
set of program measures. A
"balanced set of program measures" is a set of measures that,
together, adequately quantify achievement toward a particular program's outcome. As directed by section 402A.16, the Human
Services Performance Council must recommend to the commissioner when a
particular program has a balanced set of program measures.
Subd. 2. Commissioner. "Commissioner" means the commissioner of human services.
Subd. 3. Council. "Council" means the State-County Results, Accountability, and Service Delivery Redesign Council established in section 402A.20.
Subd. 4. Essential human services or essential services. "Essential human services" or "essential services" means assistance and services to recipients or potential recipients of public welfare and other services delivered by counties or tribes that are mandated in federal and state law that are to be available in all counties of the state.
Subd. 4a. Essential
human services program. An
"essential human services program" for the purposes of remedies under
section 402A.18 means the following programs:
(1) child welfare, including
protection, truancy, minor parent, guardianship, and adoption;
(2) children's mental health;
(3) children's disability services;
(4) public assistance eligibility,
including measures related to processing timelines across information services
programs;
(5) MFIP;
(6) child support;
(7) chemical dependency;
(8) adult disability;
(9) adult mental health;
(10) adult services such as long-term
care; and
(11) adult protection.
Subd. 4b. Measure. A "measure" means a
quantitative indicator of a performance outcome.
Subd. 4c. Performance
improvement plan. A
"performance improvement plan" means a plan developed by a county or
service delivery authority that describes steps the county or service delivery
authority must take to improve performance on a specific measure or set of
measures. The performance improvement
plan must be negotiated with and approved by the commissioner. The performance improvement plan must require
a specific numerical improvement in the measure or measures on which the plan
is based and may include specific programmatic best practices or specific
performance management practices that the county must implement.
Subd. 4d. Performance
management system for human services.
A "performance management system for human services"
means a process by which performance data for essential human services is
collected from counties or service delivery authorities and used to inform a
variety of stakeholders and to improve performance over time.
Subd. 5. Service delivery authority. "Service delivery authority" means a single county, or consortium of counties operating by execution of a joint powers agreement under section 471.59 or other contractual agreement, that has voluntarily chosen by resolution of the county board of commissioners to participate in the redesign under this chapter or has been assigned by the commissioner pursuant to section 402A.18. A service delivery authority includes an Indian tribe or group of tribes that have voluntarily chosen by resolution of tribal government to participate in redesign under this chapter.
Subd. 6. Steering committee. "Steering committee" means the Steering Committee on Performance and Outcome Reforms.
Sec. 14. [402A.12]
ESTABLISHMENT OF A PERFORMANCE MANAGEMENT SYSTEM FOR HUMAN SERVICES.
By January 1, 2014, the commissioner
shall implement a performance management system for essential human services as
described in sections 402A.15 to 402A.18 that includes initial performance
measures and standards consistent with the recommendations of the Steering
Committee on Performance and Outcome Reforms in the December 2012 report to the
legislature.
Sec. 15. [402A.16]
HUMAN SERVICES PERFORMANCE COUNCIL.
Subdivision 1. Establishment. By October 1, 2013, the commissioner
shall convene a Human Services Performance Council to advise the commissioner
on the implementation and operation of the performance management system for
human services.
Subd. 2. Duties. The Human Services Performance Council
shall:
(1)
hold meetings at least quarterly that are in compliance with Minnesota's Open
Meeting Law under chapter 13D;
(2) annually review the annual
performance data submitted by counties or service delivery authorities;
(3) review and advise the commissioner
on department procedures related to the implementation of the performance
management system and system process requirements and on barriers to process
improvement in human services delivery;
(4) advise the commissioner on the
training and technical assistance needs of county or service delivery authority
and department personnel;
(5) review instances in which a county
or service delivery authority has not made adequate progress on a performance
improvement plan and make recommendations to the commissioner under section
402A.18;
(6) consider appeals from counties or
service delivery authorities that are in the remedies process and make
recommendations to the commissioner on resolving the issue;
(7) convene working groups to update
and develop outcomes, measures, and performance standards for the performance
management system and, on an annual basis, present these recommendations to the
commissioner, including recommendations on when a particular essential human
service program has a balanced set of program measures in place;
(8) make recommendations on human
services administrative rules or statutes that could be repealed in order to
improve service delivery;
(9) provide information to stakeholders
on the council's role and regularly collect stakeholder input on performance
management system performance; and
(10) submit an annual report to the
legislature and the commissioner, which includes a comprehensive report on the
performance of individual counties or service delivery authorities as it
relates to system measures; a list of counties or service delivery authorities
that have been required to create performance improvement plans and the areas
identified for improvement as part of the remedies process; a summary of
performance improvement training and technical assistance activities offered to
the county personnel by the department; recommendations on administrative rules
or state statutes that could be repealed in order to improve service delivery;
recommendations for system improvements, including updates to system outcomes,
measures, and standards; and a response from the commissioner.
Subd. 3. Membership. (a) Human Services Performance Council
membership shall be equally balanced among the following five stakeholder
groups: the Association of Minnesota
Counties, the Minnesota Association of County Social Service Administrators,
the Department of Human Services, tribes and communities of color, and service
providers and advocates for persons receiving human services. The Association of Minnesota Counties and the
Minnesota Association of County Social Service Administrators shall appoint
their own respective representatives. The
commissioner of human services shall appoint representatives of the Department
of Human Services, tribes and communities of color, and social services
providers and advocates. Minimum council
membership shall be 15 members, with at least three representatives from each
stakeholder group, and maximum council membership shall be 20 members, with
four representatives from each stakeholder group.
(b) Notwithstanding section 15.059,
Human Services Performance Council members shall be appointed for a minimum of
two years, but may serve longer terms at the discretion of their appointing
authority.
(c) Notwithstanding section 15.059,
members of the council shall receive no compensation for their services.
(d) A commissioner's
representative and a county representative from either the Association of
Minnesota Counties or the Minnesota Association of County Social Service
Administrators shall serve as Human Services Performance Council cochairs.
Subd. 4. Commissioner
duties. The commissioner
shall:
(1) implement and maintain the
performance management system for human services;
(2) establish and regularly update the system's
outcomes, measures, and standards, including the minimum performance standard
for each performance measure;
(3) determine when a particular program
has a balanced set of measures;
(4) receive reports from counties or
service delivery authorities at least annually on their performance against
system measures, provide counties with data needed to assess performance and
monitor progress, and provide timely feedback to counties or service delivery
authorities on their performance;
(5) implement and monitor the remedies
process in section 402A.18;
(6) report to the Human Services
Performance Council on county or service delivery authority performance on a
semiannual basis;
(7) provide general training and
technical assistance to counties or service delivery authorities on topics
related to performance measurement and performance improvement;
(8) provide targeted training and
technical assistance to counties or service delivery authorities that supports
their performance improvement plans; and
(9) provide staff support for the Human
Services Performance Council.
Subd. 5. County
or service delivery authority duties.
The counties or service delivery authorities shall:
(1) report performance data to meet
performance management system requirements; and
(2) provide training to personnel on
basic principles of performance measurement and improvement and participate in
training provided by the department.
Sec. 16. Minnesota Statutes 2012, section 402A.18, is amended to read:
402A.18 COMMISSIONER POWER TO REMEDY FAILURE TO
MEET PERFORMANCE OUTCOMES.
Subdivision 1. Underperforming
county; specific service. If the
commissioner determines that a county or service delivery authority is
deficient in achieving minimum performance outcomes standards for
a specific essential service human services program, the
commissioner may impose the following remedies and adjust state and federal
program allocations accordingly:
(1) voluntary incorporation of the
administration and operation of the specific essential service human
services program with an existing service delivery authority or another
county. A service delivery authority or
county incorporating an underperforming county shall not be financially liable
for the costs associated with remedying performance outcome deficiencies;
(2) mandatory incorporation of
the administration and operation of the specific essential service human
services program with an existing service delivery authority or another
county. A service delivery authority or
county incorporating an underperforming county shall not be financially liable
for the costs associated with remedying performance outcome deficiencies; or
(3) transfer of authority for program
administration and operation of the specific essential service human
services program to the commissioner.
Subd. 2. Underperforming
county; more than one-half of services. If
the commissioner determines that a county or service delivery authority is
deficient in achieving minimum performance outcomes standards for
more than one-half of the defined essential human services programs,
the commissioner may impose the following remedies:
(1) voluntary incorporation of the administration and operation of essential human services programs with an existing service delivery authority or another county. A service delivery authority or county incorporating an underperforming county shall not be financially liable for the costs associated with remedying performance outcome deficiencies;
(2) mandatory incorporation of the administration and operation of essential human services programs with an existing service delivery authority or another county. A service delivery authority or county incorporating an underperforming county shall not be financially liable for the costs associated with remedying performance outcome deficiencies; or
(3) transfer of authority for program
administration and operation of essential human services programs
to the commissioner.
Subd. 2a. Financial
responsibility of underperforming county.
A county subject to remedies under subdivision 1 or 2 shall provide
to the entity assuming administration of the essential service or
essential human services program or programs the amount of
nonfederal and nonstate funding needed to remedy performance outcome
deficiencies.
Subd. 3. Conditions
prior to imposing remedies. Before
the commissioner may impose the remedies authorized under this section, the
following conditions must be met:
(1) the county or service delivery authority
determined by the commissioner to be deficient in achieving minimum performance
outcomes has the opportunity, in coordination with the council, to develop a
program outcome improvement plan. The
program outcome improvement plan must be developed no later than six months
from the date of the deficiency determination; and
(2) the council has conducted an
assessment of the program outcome improvement plan to determine if the county
or service delivery authority has made satisfactory progress toward performance
outcomes and has made a recommendation about remedies to the commissioner. The assessment and recommendation must be
made to the commissioner within 12 months from the date of the deficiency
determination. (a) The
commissioner shall notify a county or service delivery authority that it must
submit a performance improvement plan if:
(1) the county or service delivery
authority does not meet the minimum performance standard for a measure; or
(2) the county or service delivery
authority does not meet the minimum performance standard for one or more racial
or ethnic subgroup for which there is a statistically valid population size for
three or more measures, even if the county or service delivery authority met
the standard for the overall population.
The commissioner must approve
the performance improvement plan. The
county or service delivery authority may negotiate the terms of the performance
improvement plan with the commissioner.
(b) When the department determines that
a county or service delivery authority does not meet the minimum performance
standard for a given measure, the commissioner must advise the county or
service delivery authority that fiscal penalties may result if the performance
does not improve. The department must
offer technical assistance to the county or service delivery authority. Within 30 days of the initial advisement from
the department, the county or service delivery authority may claim and the
department may approve an extenuating circumstance that relieves the county or
service delivery authority of any further remedy. If a county or service delivery authority has
a small number of participants in an essential human services program such that
reliable measurement is not possible, the commissioner may approve extenuating
circumstances or may average performance over three years.
(c) If there are no extenuating
circumstances, the county or service delivery authority must submit a
performance improvement plan to the commissioner within 60 days of the initial
advisement from the department. The term
of the performance improvement plan must be two years, starting with the date
the plan is approved by the commissioner.
This plan must include a target level for improvement for each measure
that did not meet the minimum performance standard. The commissioner must approve the performance
improvement plan within 60 days of submittal.
(d) The department must monitor the
performance improvement plan for two years.
After two years, if the county or service delivery authority meets the
minimum performance standard, there is no further remedy. If the county or service delivery authority
fails to meet the minimum performance standard, but meets the improvement
target in the performance improvement plan, the county or service delivery
authority shall modify the performance improvement plan for further improvement
and the department shall continue to monitor the plan.
(e) If, after two years of monitoring,
the county or service delivery authority fails to meet both the minimum
performance standard and the improvement target identified in the performance
improvement plan, the next step of the remedies process shall be invoked by the
commissioner. This phase of the remedies
process may include:
(1) fiscal penalties for the county or
service delivery authority that do not exceed one percent of the county's human
services expenditures and that are negotiated in the performance improvement
plan, based on what is needed to improve outcomes. Counties or service delivery authorities must
reinvest the amount of the fiscal penalty into the essential human services
program that was underperforming. A
county or service delivery authority shall not be required to pay more than
three fiscal penalties in a year; and
(2) the department's provision of
technical assistance to the county or service delivery authority that is
targeted to address the specific performance issues.
The commissioner shall continue monitoring the performance
improvement plan for a third year.
(f) If, after the third year of
monitoring, the county or service delivery authority meets the minimum
performance standard, there is no further remedy. If the county or service delivery authority
fails to meet the minimum performance standard, but meets the improvement target
for the performance improvement plan, the county or service delivery authority
shall modify the performance improvement plan for further improvement and the
department shall continue to monitor the plan.
(g) If, after the third year of
monitoring, the county or service delivery authority fails to meet the minimum
performance standard and the improvement target identified in the performance
improvement plan, the Human Services Performance Council shall review the
situation and recommend a course of action to the commissioner.
(h) If the commissioner has
determined that a program has a balanced set of program measures and a county
or service delivery authority is subject to fiscal penalties for more than
one-half of the measures for that program, the commissioner may apply further
remedies as described in subdivisions 1 and 2.
Sec. 17. INSTRUCTIONS
TO THE COMMISSIONER.
In collaboration with labor
organizations, the commissioner of human services shall develop clear and
consistent standards for state-operated services programs to:
(1) address direct service staffing
shortages;
(2) identify and help resolve workplace
safety issues; and
(3) elevate the use and visibility of
performance measures and objectives related to overtime use.
ARTICLE 6
HEALTH CARE
Section 1. Minnesota Statutes 2012, section 245.03, subdivision 1, is amended to read:
Subdivision 1. Establishment. There is created a Department of Human
Services. A commissioner of human
services shall be appointed by the governor under the provisions of section
15.06. The commissioner shall be
selected on the basis of ability and experience in welfare and without regard
to political affiliations. The
commissioner shall may appoint a up to two deputy commissioner
commissioners.
Sec. 2. Minnesota Statutes 2012, section 256.9657, subdivision 3, is amended to read:
Subd. 3. Surcharge on HMOs and community integrated service networks. (a) Effective October 1, 1992, each health maintenance organization with a certificate of authority issued by the commissioner of health under chapter 62D and each community integrated service network licensed by the commissioner under chapter 62N shall pay to the commissioner of human services a surcharge equal to six-tenths of one percent of the total premium revenues of the health maintenance organization or community integrated service network as reported to the commissioner of health according to the schedule in subdivision 4.
(b) For purposes of this subdivision, total premium revenue means:
(1) premium revenue recognized on a prepaid basis from individuals and groups for provision of a specified range of health services over a defined period of time which is normally one month, excluding premiums paid to a health maintenance organization or community integrated service network from the Federal Employees Health Benefit Program;
(2) premiums from Medicare wraparound subscribers for health benefits which supplement Medicare coverage;
(3) Medicare revenue, as a result of an arrangement between a health maintenance organization or a community integrated service network and the Centers for Medicare and Medicaid Services of the federal Department of Health and Human Services, for services to a Medicare beneficiary, excluding Medicare revenue that states are prohibited from taxing under sections 1854, 1860D-12, and 1876 of title XVIII of the federal Social Security Act, codified as United States Code, title 42, sections 1395mm, 1395w-112, and 1395w-24, respectively, as they may be amended from time to time; and
(4) medical assistance revenue, as a result of an arrangement between a health maintenance organization or community integrated service network and a Medicaid state agency, for services to a medical assistance beneficiary.
If advance payments are made under clause (1) or (2) to the health maintenance organization or community integrated service network for more than one reporting period, the portion of the payment that has not yet been earned must be treated as a liability.
(c) When
a health maintenance organization or community integrated service network
merges or consolidates with or is acquired by another health maintenance
organization or community integrated service network, the surviving corporation
or the new corporation shall be responsible for the annual surcharge originally
imposed on each of the entities or corporations subject to the merger,
consolidation, or acquisition, regardless of whether one of the entities or
corporations does not retain a certificate of authority under chapter 62D or a
license under chapter 62N.
(d) Effective July 1 June 15
of each year, the surviving corporation's or the new corporation's surcharge
shall be based on the revenues earned in the second previous calendar
year by all of the entities or corporations subject to the merger,
consolidation, or acquisition regardless of whether one of the entities or
corporations does not retain a certificate of authority under chapter 62D or a
license under chapter 62N until the total premium revenues of the surviving corporation
include the total premium revenues of all the merged entities as reported to
the commissioner of health.
(e) When a health maintenance organization or community integrated service network, which is subject to liability for the surcharge under this chapter, transfers, assigns, sells, leases, or disposes of all or substantially all of its property or assets, liability for the surcharge imposed by this chapter is imposed on the transferee, assignee, or buyer of the health maintenance organization or community integrated service network.
(f) In the event a health maintenance organization or community integrated service network converts its licensure to a different type of entity subject to liability for the surcharge under this chapter, but survives in the same or substantially similar form, the surviving entity remains liable for the surcharge regardless of whether one of the entities or corporations does not retain a certificate of authority under chapter 62D or a license under chapter 62N.
(g) The surcharge assessed to a health maintenance organization or community integrated service network ends when the entity ceases providing services for premiums and the cessation is not connected with a merger, consolidation, acquisition, or conversion.
Sec. 3. Minnesota Statutes 2012, section 256.9657, subdivision 4, is amended to read:
Subd. 4. Payments
into the account. (a) Payments to
the commissioner under subdivisions subdivision 1 to 3
must be paid in monthly installments due on the 15th of the month beginning
October 15, 1992. The monthly payment
must be equal to the annual surcharge divided by 12. Payments to the commissioner under
subdivisions 2 and 3 for fiscal year 1993 must be based on calendar year 1990
revenues. Effective July 1 of each year,
beginning in 1993, payments under subdivisions 2 and 3 must be based on
revenues earned in the second previous calendar year.
(b) Effective October 15, 2014, payment
to the commissioner under subdivision 2 must be paid in nine monthly
installments due on the 15th of the month beginning October 15, 2014, through
June 15 of the following year. The
monthly payment must be equal to the annual surcharge divided by nine.
(b) (c) Effective October 1, 1995
2014, and each October 1 thereafter, the payments in subdivisions
subdivision 2 and 3 must be based on revenues earned in the
previous calendar year.
(c) (d) If the commissioner
of health does not provide by August 15 of any year data needed to update the
base year for the hospital and or April 15 of any year data needed to
update the base year for the health maintenance organization surcharges,
the commissioner of human services may estimate base year revenue and use that
estimate for the purposes of this section until actual data is provided by the
commissioner of health.
(d) (e) Payments to the commissioner under subdivision 3a must be paid in monthly installments due on the 15th of the month beginning July 15, 2003. The monthly payment must be equal to the annual surcharge divided by 12.
(f) Payments due in July through
September 2014 under subdivision 3 for revenue earned in calendar year 2012
shall be paid in a lump sum on June 15, 2014.
On June 15, 2014, each health maintenance organization and community-integrated
service network shall pay all payments under subdivision 3 in a lump sum for
revenue earned in calendar year 2013. Effective
June 15, 2015, and each June 15 thereafter, the payments in subdivision 3 shall
be based on revenues earned in the previous calendar year and paid in a lump
sum on June 15 of each year.
Sec. 4. Minnesota Statutes 2012, section 256.969, subdivision 29, is amended to read:
Subd. 29. Reimbursement for the fee increase for the early hearing detection and intervention program. (a) For admissions occurring on or after July 1, 2010, payment rates shall be adjusted to include the increase to the fee that is effective on July 1, 2010, for the early hearing detection and intervention program recipients under section 144.125, subdivision 1, that is paid by the hospital for public program recipients. This payment increase shall be in effect until the increase is fully recognized in the base year cost under subdivision 2b. This payment shall be included in payments to contracted managed care organizations.
(b) For
admissions occurring on or after July 1, 2013, payment rates shall be adjusted
to include the increase to the fee that is effective July 1, 2013, for the
early hearing detection and intervention program under section 144.125,
subdivision 1, paragraph (d), that is paid by the hospital for medical
assistance and MinnesotaCare program enrollees.
This payment increase shall be in effect until the increase is fully
recognized in the base-year cost under subdivision 2b. This payment shall be included in payments to
managed care plans and county-based purchasing plans.
Sec. 5. Minnesota Statutes 2012, section 256B.04, is amended by adding a subdivision to read:
Subd. 22. Medical
assistance costs for certain inmates.
The commissioner shall execute an interagency agreement with the
commissioner of corrections to recover the state cost attributable to medical
assistance eligibility for inmates of public institutions admitted to a medical
institution on an inpatient basis. The
annual amount to be transferred from the Department of Corrections under the
agreement must include all eligible state medical assistance costs, including
administrative costs incurred by the Department of Human Services, attributable
to inmates under state and county jurisdiction admitted to medical institutions
on an inpatient basis that are related to the implementation of section
256B.055, subdivision 14, paragraph (c).
Sec. 6. Minnesota Statutes 2012, section 256B.055, subdivision 14, is amended to read:
Subd. 14. Persons detained by law. (a) Medical assistance may be paid for an inmate of a correctional facility who is conditionally released as authorized under section 241.26, 244.065, or 631.425, if the individual does not require the security of a public detention facility and is housed in a halfway house or community correction center, or under house arrest and monitored by electronic surveillance in a residence approved by the commissioner of corrections, and if the individual meets the other eligibility requirements of this chapter.
(b) An individual who is enrolled in medical assistance, and who is charged with a crime and incarcerated for less than 12 months shall be suspended from eligibility at the time of incarceration until the individual is released. Upon release, medical assistance eligibility is reinstated without reapplication using a reinstatement process and form, if the individual is otherwise eligible.
(c) An individual, regardless of age, who is considered an inmate of a public institution as defined in Code of Federal Regulations, title 42, section 435.1010, and who meets the eligibility requirements in section 256B.056, is not eligible for medical assistance, except for covered services received while an inpatient in a medical institution as defined in Code of Federal Regulations, title 42, section 435.1010. Security issues, including costs, related to the inpatient treatment of an inmate are the responsibility of the entity with jurisdiction over the inmate.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 7. Minnesota Statutes 2012, section 256B.06, subdivision 4, is amended to read:
Subd. 4. Citizenship
requirements. (a) Eligibility for
medical assistance is limited to citizens of the United States, qualified
noncitizens as defined in this subdivision, and other persons residing lawfully
in the United States. Citizens or
nationals of the United States must cooperate in obtaining satisfactory
documentary evidence of citizenship or nationality according to the
requirements of the federal Deficit Reduction Act of 2005, Public Law 109-171.
(b) "Qualified noncitizen" means a person who meets one of the following immigration criteria:
(1) admitted for lawful permanent residence according to United States Code, title 8;
(2) admitted to the United States as a refugee according to United States Code, title 8, section 1157;
(3) granted asylum according to United States Code, title 8, section 1158;
(4) granted withholding of deportation according to United States Code, title 8, section 1253(h);
(5) paroled for a period of at least one year according to United States Code, title 8, section 1182(d)(5);
(6) granted conditional entrant status according to United States Code, title 8, section 1153(a)(7);
(7) determined to be a battered noncitizen by the United States Attorney General according to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, title V of the Omnibus Consolidated Appropriations Bill, Public Law 104-200;
(8) is a child of a noncitizen determined to be a battered noncitizen by the United States Attorney General according to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, title V, of the Omnibus Consolidated Appropriations Bill, Public Law 104-200; or
(9) determined to be a Cuban or Haitian entrant as defined in section 501(e) of Public Law 96-422, the Refugee Education Assistance Act of 1980.
(c) All qualified noncitizens who were residing in the United States before August 22, 1996, who otherwise meet the eligibility requirements of this chapter, are eligible for medical assistance with federal financial participation.
(d) Beginning December 1, 1996, qualified noncitizens who entered the United States on or after August 22, 1996, and who otherwise meet the eligibility requirements of this chapter are eligible for medical assistance with federal participation for five years if they meet one of the following criteria:
(1) refugees admitted to the United States according to United States Code, title 8, section 1157;
(2) persons granted asylum according to United States Code, title 8, section 1158;
(3) persons granted withholding of deportation according to United States Code, title 8, section 1253(h);
(4) veterans of the United States armed forces with an honorable discharge for a reason other than noncitizen status, their spouses and unmarried minor dependent children; or
(5) persons on active duty in the United States armed forces, other than for training, their spouses and unmarried minor dependent children.
Beginning July 1, 2010,
children and pregnant women who are noncitizens described in paragraph (b) or
who are lawfully present in the United States as defined in Code of Federal
Regulations, title 8, section 103.12, and who otherwise meet eligibility
requirements of this chapter, are eligible for medical assistance with federal
financial participation as provided by the federal Children's Health Insurance
Program Reauthorization Act of 2009, Public Law 111-3.
(e) Nonimmigrants who otherwise meet the eligibility requirements of this chapter are eligible for the benefits as provided in paragraphs (f) to (h). For purposes of this subdivision, a "nonimmigrant" is a person in one of the classes listed in United States Code, title 8, section 1101(a)(15).
(f) Payment shall also be made for care and services that are furnished to noncitizens, regardless of immigration status, who otherwise meet the eligibility requirements of this chapter, if such care and services are necessary for the treatment of an emergency medical condition.
(g) For purposes of this subdivision, the term "emergency medical condition" means a medical condition that meets the requirements of United States Code, title 42, section 1396b(v).
(h)(1) Notwithstanding paragraph (g), services that are necessary for the treatment of an emergency medical condition are limited to the following:
(i) services delivered in an emergency room or by an ambulance service licensed under chapter 144E that are directly related to the treatment of an emergency medical condition;
(ii) services delivered in an inpatient hospital setting following admission from an emergency room or clinic for an acute emergency condition; and
(iii) follow-up services that are directly related to the original service provided to treat the emergency medical condition and are covered by the global payment made to the provider.
(2) Services for the treatment of emergency medical conditions do not include:
(i) services delivered in an emergency room or inpatient setting to treat a nonemergency condition;
(ii) organ transplants, stem cell transplants, and related care;
(iii) services for routine prenatal care;
(iv) continuing care, including long-term care, nursing facility services, home health care, adult day care, day training, or supportive living services;
(v) elective surgery;
(vi)
outpatient prescription drugs, unless the drugs are administered or dispensed
as part of an emergency room visit;
(vii) preventative health care and family planning services;
(viii) dialysis;
(ix) chemotherapy or therapeutic
radiation services;
(x) (viii) rehabilitation
services;
(xi) (ix) physical, occupational, or speech therapy;
(xii) (x) transportation
services;
(xiii) (xi) case management;
(xiv) (xii) prosthetics,
orthotics, durable medical equipment, or medical supplies;
(xv) (xiii) dental services;
(xvi) (xiv) hospice care;
(xvii) (xv) audiology
services and hearing aids;
(xviii) (xvi) podiatry
services;
(xix) (xvii) chiropractic
services;
(xx) (xviii) immunizations;
(xxi) (xix) vision services
and eyeglasses;
(xxii) (xx) waiver services;
(xxiii) (xxi) individualized
education programs; or
(xxiv) (xxii) chemical
dependency treatment.
(i) Beginning July 1, 2009, pregnant noncitizens who are undocumented, nonimmigrants, or lawfully present in the United States as defined in Code of Federal Regulations, title 8, section 103.12, are not covered by a group health plan or health insurance coverage according to Code of Federal Regulations, title 42, section 457.310, and who otherwise meet the eligibility requirements of this chapter, are eligible for medical assistance through the period of pregnancy, including labor and delivery, and 60 days postpartum, to the extent federal funds are available under title XXI of the Social Security Act, and the state children's health insurance program.
(j) Beginning October 1, 2003, persons who are receiving care and rehabilitation services from a nonprofit center established to serve victims of torture and are otherwise ineligible for medical assistance under this chapter are eligible for medical assistance without federal financial participation. These individuals are eligible only for the period during which they are receiving services from the center. Individuals eligible under this paragraph shall not be required to participate in prepaid medical assistance.
(k) Notwithstanding paragraph (h),
clause (2), the following services are covered as emergency medical conditions
under paragraph (f) except where coverage is prohibited under federal law:
(1) dialysis services provided in a
hospital or freestanding dialysis facility; and
(2) surgery and the administration of
chemotherapy, radiation, and related services necessary to treat cancer if the
recipient has a cancer diagnosis that is not in remission and requires surgery,
chemotherapy, or radiation treatment.
(l) Effective July 1, 2013,
recipients of emergency medical assistance under this subdivision are eligible
for coverage of the elderly waiver services provided under section 256B.0915,
and coverage of rehabilitative services provided in a nursing facility. The age limit for elderly waiver services
does not apply. In order to qualify for
coverage, a recipient of emergency medical assistance is subject to the
assessment and reassessment requirements of section 256B.0911. Initial and continued enrollment under this
paragraph is subject to the limits of available funding.
EFFECTIVE
DATE. This section is
effective July 1, 2013.
Sec. 8. Minnesota Statutes 2012, section 256B.0625, subdivision 9, is amended to read:
Subd. 9. Dental services. (a) Medical assistance covers dental services.
(b) Medical assistance dental coverage for nonpregnant adults is limited to the following services:
(1) comprehensive exams, limited to once every five years;
(2) periodic exams, limited to one per year;
(3) limited exams;
(4) bitewing x-rays, limited to one per year;
(5) periapical x-rays;
(6) panoramic x-rays, limited to one every five years except (1) when medically necessary for the diagnosis and follow-up of oral and maxillofacial pathology and trauma or (2) once every two years for patients who cannot cooperate for intraoral film due to a developmental disability or medical condition that does not allow for intraoral film placement;
(7) prophylaxis, limited to one per year;
(8) application of fluoride varnish, limited to one per year;
(9) posterior fillings, all at the amalgam rate;
(10) anterior fillings;
(11) endodontics, limited to root canals on the anterior and premolars only;
(12) removable prostheses, each dental arch limited to one every six years;
(13) oral surgery, limited to extractions, biopsies, and incision and drainage of abscesses;
(14) palliative treatment and sedative fillings for relief of pain; and
(15) full-mouth debridement, limited to one every five years.
(c) In addition to the services specified in paragraph (b), medical assistance covers the following services for adults, if provided in an outpatient hospital setting or freestanding ambulatory surgical center as part of outpatient dental surgery:
(1) periodontics, limited to periodontal scaling and root planing once every two years;
(2) general anesthesia; and
(3) full-mouth survey once every five years.
(d) Medical assistance covers medically necessary dental services for children and pregnant women. The following guidelines apply:
(1) posterior fillings are paid at the amalgam rate;
(2) application of sealants are covered once every five years per permanent molar for children only;
(3) application of fluoride varnish is covered once every six months; and
(4) orthodontia is eligible for coverage for children only.
(e) In addition to the services
specified in paragraphs (b) and (c), medical assistance covers the following
services for adults:
(1) house calls or extended care
facility calls for on-site delivery of covered services;
(2) behavioral management when
additional staff time is required to accommodate behavioral challenges and
sedation is not used;
(3) oral or IV sedation, if the covered
dental service cannot be performed safely without it or would otherwise require
the service to be performed under general anesthesia in a hospital or surgical
center; and
(4)
prophylaxis, in accordance with an appropriate individualized treatment plan,
but no more than four times per year.
Sec. 9. Minnesota Statutes 2012, 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.
(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.
(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.
(f) Medical assistance covers drugs
acquired through the federal 340B Drug Pricing Program and dispensed by 340B
covered entities and ambulatory pharmacies under common ownership of the 340B
covered entity. Medical assistance does
not cover drugs acquired through the federal 340B Drug Pricing Program and
dispensed by 340B contract pharmacies.
Sec. 10. Minnesota Statutes 2012, 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. Effective
January 1, 2014, the actual acquisition cost of a drug acquired through the
federal 340B Drug Pricing Program shall be estimated by the commissioner at
wholesale acquisition
cost minus 40 percent. 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.
(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. 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, the specialty pharmacy rate, or the maximum
allowable cost set by the commissioner.
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, the specialty pharmacy rate, or the maximum
allowable cost set by the commissioner. Effective
January 1, 2014, the commissioner shall discount the payment rate for drugs
obtained through the federal 340B Drug Pricing Program by 20 percent. The payment for drugs administered in an
outpatient setting shall be made to the administering facility or practitioner. A retail or specialty pharmacy dispensing a
drug for administration in an outpatient setting is not eligible for direct
reimbursement.
(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.
EFFECTIVE
DATE. This section is
effective July 1, 2013.
Sec. 11. Minnesota Statutes 2012, section 256B.0625, is amended by adding a subdivision to read:
Subd. 28b. Doula
services. Medical assistance
covers doula services provided by a certified doula as defined in section
148.995, subdivision 2, of the mother's choice.
For purposes of this section, "doula services" means
childbirth education and support services, including emotional and physical
support provided during pregnancy, labor, birth, and postpartum.
EFFECTIVE
DATE. This section is
effective July 1, 2014, or upon federal approval, whichever is later, and
applies to services provided on or after the effective date.
Sec. 12. Minnesota Statutes 2012, section 256B.0625, subdivision 31, is amended to read:
Subd. 31. Medical supplies and equipment. (a) Medical assistance covers medical supplies and equipment. Separate payment outside of the facility's payment rate shall be made for wheelchairs and wheelchair accessories for recipients who are residents of intermediate care facilities for the developmentally disabled. Reimbursement for wheelchairs and wheelchair accessories for ICF/MR recipients shall be subject to the same conditions and limitations as coverage for recipients who do not reside in institutions. A wheelchair purchased outside of the facility's payment rate is the property of the recipient. The commissioner may set reimbursement rates for specified categories of medical supplies at levels below the Medicare payment rate.
(b) Vendors of durable medical equipment, prosthetics, orthotics, or medical supplies must enroll as a Medicare provider.
(c) When necessary to ensure access to durable medical equipment, prosthetics, orthotics, or medical supplies, the commissioner may exempt a vendor from the Medicare enrollment requirement if:
(1) the vendor supplies only one type of durable medical equipment, prosthetic, orthotic, or medical supply;
(2) the vendor serves ten or fewer medical assistance recipients per year;
(3) the commissioner finds that other vendors are not available to provide same or similar durable medical equipment, prosthetics, orthotics, or medical supplies; and
(4)
the vendor complies with all screening requirements in this chapter and Code of
Federal Regulations, title 42, part 455.
The commissioner may also exempt a vendor from the Medicare enrollment
requirement if the vendor is accredited by a Centers for Medicare and Medicaid
Services approved national accreditation organization as complying with the
Medicare program's supplier and quality standards and the vendor serves
primarily pediatric patients.
(d) Durable medical equipment means a device or equipment that:
(1) can withstand repeated use;
(2) is generally not useful in the absence of an illness, injury, or disability; and
(3) is provided to correct or accommodate a physiological disorder or physical condition or is generally used primarily for a medical purpose.
(e) Electronic tablets may be
considered durable medical equipment if the electronic tablet will be used as
an augmentative and alternative communication system as defined under
subdivision 31a, paragraph (a). To be
covered by medical assistance, the device must be locked in order to prevent
use not related to communication.
Sec. 13. Minnesota Statutes 2012, section 256B.0625, is amended by adding a subdivision to read:
Subd. 31b. Preferred diabetic testing supply
program. (a) The commissioner
shall implement a point-of-sale preferred diabetic testing supply program by
January 1, 2014. Medical assistance
coverage for diabetic testing supplies shall conform to the limitations
established under the program. The
commissioner may enter into a contract with a vendor for the purpose of
participating in a preferred diabetic testing supply list and supplemental
rebate program. The commissioner shall
ensure that any contract meets all federal requirements and maximizes federal
financial participation. The
commissioner shall maintain an accurate and up-to-date list on the department's
Web site.
(b) The commissioner may add to, delete
from, and otherwise modify the preferred diabetic testing supply program drug
list after consulting with the Drug Formulary Committee and appropriate medical
specialists and providing public notice and the opportunity for public comment.
(c) The commissioner shall adopt and
administer the preferred diabetic testing supply program as part of the
administration of the diabetic testing supply rebate program. Reimbursement for diabetic testing supplies
not on the preferred diabetic testing supply list may be subject to prior
authorization.
(d) All claims for diabetic testing
supplies in categories on the preferred diabetic testing supply list must be
submitted by enrolled pharmacy providers using the most current National
Council of Prescription Drug Plans electronic claims standard.
(e) For purposes of this subdivision,
"preferred diabetic testing supply list" means a list of diabetic
testing supplies selected by the commissioner, for which prior authorization is
not required.
(f) The commissioner shall seek any
federal waivers or approvals necessary to implement this subdivision.
Sec. 14. Minnesota Statutes 2012, section 256B.0625, subdivision 39, is amended to read:
Subd. 39. Childhood
immunizations. Providers who
administer pediatric vaccines within the scope of their licensure, and who are enrolled
as a medical assistance provider, must enroll in the pediatric vaccine
administration program established by section 13631 of the Omnibus Budget
Reconciliation Act of 1993. Medical
assistance shall pay an $8.50 fee per dose for administration of the
vaccine to children eligible for medical assistance. Medical assistance does not pay for vaccines
that are available at no cost from the pediatric vaccine administration
program.
Sec. 15. Minnesota Statutes 2012, section 256B.0625, subdivision 58, is amended to read:
Subd. 58. Early and periodic screening, diagnosis, and treatment services. Medical assistance covers early and periodic screening, diagnosis, and treatment services (EPSDT). The payment amount for a complete EPSDT screening shall not include charges for vaccines that are available at no cost to the provider and shall not exceed the rate established per Minnesota Rules, part 9505.0445, item M, effective October 1, 2010.
Sec. 16. Minnesota Statutes 2012, section 256B.0625, is amended by adding a subdivision to read:
Subd. 61. Payment
for multiple services provided on the same day. The commissioner shall not prohibit
payment, including supplemental payments, for mental health services or dental
services provided to a patient by a clinic or health care professional solely
because the mental health or dental services were provided on the same day as
other covered health services furnished by the same provider.
Sec. 17. Minnesota Statutes 2012, 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) $3.50 for nonemergency visits to a hospital-based emergency room, except that this co-payment shall be increased to $20 upon federal approval;
(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;
(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
(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.
(c) Notwithstanding paragraph (b), the commissioner, through the contracting process under sections 256B.69 and 256B.692, may allow managed care plans and county-based purchasing plans to waive the family deductible under paragraph (a), clause (4). The value of the family deductible shall not be included in the capitation payment to managed care plans and county-based purchasing plans. Managed care plans and county-based purchasing plans shall certify annually to the commissioner the dollar value of the family deductible.
(d) Notwithstanding paragraph (b), the commissioner may waive the collection of the family deductible described under paragraph (a), clause (4), from individuals and allow long-term care and waivered service providers to assume responsibility for payment.
(e) Notwithstanding paragraph (b), the
commissioner, through the contracting process under section 256B.0756 shall
allow the pilot program in Hennepin County to waive co-payments. The value of the co-payments shall not be
included in the capitation payment amount to the integrated health care
delivery networks under the pilot program.
Sec. 18. Minnesota Statutes 2012, section 256B.0756, is amended to read:
256B.0756
HENNEPIN AND RAMSEY COUNTIES PILOT PROGRAM.
(a) The commissioner, upon federal approval of a new waiver request or amendment of an existing demonstration, may establish a pilot program in Hennepin County or Ramsey County, or both, to test alternative and innovative integrated health care delivery networks.
(b) Individuals eligible for the pilot
program shall be individuals who are eligible for medical assistance under
section 256B.055, subdivision 15, and who reside in Hennepin County or
Ramsey County. The commissioner may
identify individuals to be enrolled in the Hennepin County pilot program based
on zip code in Hennepin County or whether the individuals would benefit from an
integrated health care delivery network.
(c) Individuals enrolled in the pilot program shall be enrolled in an integrated health care delivery network in their county of residence. The integrated health care delivery network in Hennepin County shall be a network, such as an accountable care organization or a community-based collaborative care network, created by or including Hennepin County Medical Center. The integrated health care delivery network in Ramsey County shall be a network, such as an accountable care organization or community-based collaborative care network, created by or including Regions Hospital.
(d) The commissioner shall cap pilot
program enrollment at 7,000 enrollees for Hennepin County and 3,500 enrollees
for Ramsey County.
(e) (d) In developing a
payment system for the pilot programs, the commissioner shall establish a total
cost of care for the recipients enrolled in the pilot programs that equals the
cost of care that would otherwise be spent for these enrollees in the prepaid
medical assistance program.
(f) Counties may transfer funds
necessary to support the nonfederal share of payments for integrated health
care delivery networks in their county. Such
transfers per county shall not exceed 15 percent of the expected expenses for
county enrollees.
(g) (e) The commissioner
shall apply to the federal government for, or as appropriate, cooperate with
counties, providers, or other entities that are applying for any applicable
grant or demonstration under the Patient Protection and Affordable Health Care
Act, Public Law 111-148, or the Health Care and Education Reconciliation Act of
2010, Public Law 111-152, that would further the purposes of or assist in the
creation of an integrated health care delivery network for the purposes of this
subdivision, including, but not limited to, a global payment demonstration or
the community-based collaborative care network grants.
Sec. 19. Minnesota Statutes 2012, section 256B.196, subdivision 2, is amended to read:
Subd. 2. Commissioner's duties. (a) For the purposes of this subdivision and subdivision 3, the commissioner shall determine the fee-for-service outpatient hospital services upper payment limit for nonstate government hospitals. The commissioner shall then determine the amount of a supplemental payment to Hennepin County Medical Center and Regions Hospital for these services that would increase medical assistance spending in this category to the aggregate upper payment limit for all nonstate government hospitals in Minnesota. In making this determination, the commissioner shall allot the available increases between Hennepin County Medical Center and Regions Hospital based on the ratio of medical assistance fee-for-service outpatient hospital payments to the two facilities. The commissioner shall adjust this allotment as necessary based on federal approvals, the amount of intergovernmental transfers received from Hennepin and Ramsey Counties, and other factors, in order to maximize the additional total payments. The commissioner shall inform Hennepin County and Ramsey County of the periodic intergovernmental transfers necessary to match federal Medicaid payments available under this subdivision in order to make supplementary medical assistance payments to Hennepin County Medical Center and Regions Hospital equal to an amount that when combined with existing medical assistance payments to nonstate governmental hospitals would increase total payments to hospitals in this category for outpatient services to the aggregate upper payment limit for all hospitals in this category in Minnesota. Upon receipt of these periodic transfers, the commissioner shall make supplementary payments to Hennepin County Medical Center and Regions Hospital.
(b) For the purposes of this subdivision and subdivision 3, the commissioner shall determine an upper payment limit for physicians and other billing professionals affiliated with Hennepin County Medical Center and with Regions Hospital. The upper payment limit shall be based on the average commercial rate or be determined using another method acceptable to the Centers for Medicare and Medicaid Services. The commissioner shall inform Hennepin County and Ramsey County of the periodic intergovernmental transfers necessary to match the federal Medicaid payments available under this subdivision in order to make supplementary payments to physicians and other billing professionals affiliated with Hennepin County Medical Center and to make supplementary payments to
physicians and other billing professionals affiliated with Regions Hospital through HealthPartners Medical Group equal to the difference between the established medical assistance payment for physician and other billing professional services and the upper payment limit. Upon receipt of these periodic transfers, the commissioner shall make supplementary payments to physicians and other billing professionals affiliated with Hennepin County Medical Center and shall make supplementary payments to physicians and other billing professionals affiliated with Regions Hospital through HealthPartners Medical Group.
(c) Beginning January 1, 2010, Hennepin County and Ramsey County may make monthly voluntary intergovernmental transfers to the commissioner in amounts not to exceed $12,000,000 per year from Hennepin County and $6,000,000 per year from Ramsey County. The commissioner shall increase the medical assistance capitation payments to any licensed health plan under contract with the medical assistance program that agrees to make enhanced payments to Hennepin County Medical Center or Regions Hospital. The increase shall be in an amount equal to the annual value of the monthly transfers plus federal financial participation, with each health plan receiving its pro rata share of the increase based on the pro rata share of medical assistance admissions to Hennepin County Medical Center and Regions Hospital by those plans. Upon the request of the commissioner, health plans shall submit individual-level cost data for verification purposes. The commissioner may ratably reduce these payments on a pro rata basis in order to satisfy federal requirements for actuarial soundness. If payments are reduced, transfers shall be reduced accordingly. Any licensed health plan that receives increased medical assistance capitation payments under the intergovernmental transfer described in this paragraph shall increase its medical assistance payments to Hennepin County Medical Center and Regions Hospital by the same amount as the increased payments received in the capitation payment described in this paragraph.
(d) For the purposes of this subdivision
and subdivision 3, the commissioner shall determine an upper payment limit for
ambulance services affiliated with Hennepin County Medical Center and the city
of St. Paul. The upper payment
limit shall be based on the average commercial rate or be determined using
another method acceptable to the Centers for Medicare and Medicaid Services. The commissioner shall inform Hennepin County
and the city of St. Paul of the periodic intergovernmental transfers
necessary to match the federal Medicaid payments available under this
subdivision in order to make supplementary payments to Hennepin County Medical
Center and the city of St. Paul equal to the difference between the
established medical assistance payment for ambulance services and the upper
payment limit. Upon receipt of these
periodic transfers, the commissioner shall make supplementary payments to
Hennepin County Medical Center and the city of St. Paul.
(e) The commissioner shall inform the
transferring governmental entities on an ongoing basis of the need for any
changes needed in the intergovernmental transfers in order to continue the payments
under paragraphs (a) to (c) (d), at their maximum level,
including increases in upper payment limits, changes in the federal Medicaid
match, and other factors.
(e) (f) The payments in
paragraphs (a) to (c) (d) shall be implemented independently of each
other, subject to federal approval and to the receipt of transfers under
subdivision 3.
Sec. 20. Minnesota Statutes 2012, section 256B.69, subdivision 5c, is amended to read:
Subd. 5c. Medical education and research fund. (a) The commissioner of human services shall transfer each year to the medical education and research fund established under section 62J.692, an amount specified in this subdivision. The commissioner shall calculate the following:
(1) an amount equal to the reduction in the prepaid medical assistance payments as specified in this clause. Until January 1, 2002, the county medical assistance capitation base rate prior to plan specific adjustments and after the regional rate adjustments under subdivision 5b is reduced 6.3 percent for Hennepin County, two percent for the remaining metropolitan counties, and no reduction for nonmetropolitan Minnesota counties; and after January 1, 2002, the county medical assistance capitation base rate prior to plan specific adjustments is reduced 6.3 percent for
Hennepin County, two percent for the remaining metropolitan counties, and 1.6 percent for nonmetropolitan Minnesota counties. Nursing facility and elderly waiver payments and demonstration project payments operating under subdivision 23 are excluded from this reduction. The amount calculated under this clause shall not be adjusted for periods already paid due to subsequent changes to the capitation payments;
(2) beginning July 1, 2003, $4,314,000 from the capitation rates paid under this section;
(3) beginning July 1, 2002, an additional $12,700,000 from the capitation rates paid under this section; and
(4) beginning July 1, 2003, an additional $4,700,000 from the capitation rates paid under this section.
(b) This subdivision shall be effective upon approval of a federal waiver which allows federal financial participation in the medical education and research fund. The amount specified under paragraph (a), clauses (1) to (4), shall not exceed the total amount transferred for fiscal year 2009. Any excess shall first reduce the amounts specified under paragraph (a), clauses (2) to (4). Any excess following this reduction shall proportionally reduce the amount specified under paragraph (a), clause (1).
(c) Beginning September 1, 2011, of the amount in paragraph (a), the commissioner shall transfer $21,714,000 each fiscal year to the medical education and research fund.
(d) Beginning September 1, 2011, of the
amount in paragraph (a), following the transfer under paragraph (c), the
commissioner shall transfer to the medical education research fund $23,936,000
in fiscal years 2012 and 2013 and $36,744,000 $49,552,000 in
fiscal year 2014 and thereafter.
Sec. 21. Minnesota Statutes 2012, section 256B.69, subdivision 5i, is amended to read:
Subd. 5i. Administrative expenses. (a) Managed care plan and county-based purchasing plan administrative costs for a prepaid health plan provided under this section or section 256B.692 must not exceed by more than five percent that prepaid health plan's or county-based purchasing plan's actual calculated administrative spending for the previous calendar year as a percentage of total revenue. The penalty for exceeding this limit must be the amount of administrative spending in excess of 105 percent of the actual calculated amount. The commissioner may waive this penalty if the excess administrative spending is the result of unexpected shifts in enrollment or member needs or new program requirements.
(b) Expenses listed under section 62D.12,
subdivision 9a, clause (4), are not allowable administrative expenses for
rate-setting purposes under this section, unless approved by the commissioner. The following expenses are not allowable
administrative expenses for rate-setting purposes under this section:
(1) charitable contributions made by the
managed care plan or the county-based purchasing plan;
(2) any portion of an individual's
compensation in excess of $200,000 paid by the managed care plan or
county-based purchasing plan;
(3) any penalties or fines assessed
against the managed care plan or county-based purchasing plan; and
(4) any indirect marketing or advertising
expenses of the managed care plan or county-based purchasing plan.
For the purposes of this subdivision, compensation
includes salaries, bonuses and incentives, other reportable compensation on an
IRS 990 form, retirement and other deferred compensation, and nontaxable
benefits.
Sec. 22. Minnesota Statutes 2012, section 256B.69, subdivision 9c, is amended to read:
Subd. 9c. Managed
care financial reporting. (a) The
commissioner shall collect detailed data regarding financials, provider
payments, provider rate methodologies, and other data as determined by the
commissioner and managed care and county-based purchasing plans that are
required to be submitted under this section. The commissioner, in consultation with the
commissioners of health and commerce, and in consultation with managed care
plans and county-based purchasing plans, shall set uniform criteria,
definitions, and standards for the data to be submitted, and shall require
managed care and county-based purchasing plans to comply with these criteria,
definitions, and standards when submitting data under this section. In carrying out the responsibilities of this
subdivision, the commissioner shall ensure that the data collection is
implemented in an integrated and coordinated manner that avoids unnecessary
duplication of effort. To the extent
possible, the commissioner shall use existing data sources and streamline data
collection in order to reduce public and private sector administrative costs. Nothing in this subdivision shall allow
release of information that is nonpublic data pursuant to section 13.02.
(b) Effective January 1, 2014, each
managed care and county-based purchasing plan must annually quarterly
provide to the commissioner the following information on state public programs,
in the form and manner specified by the commissioner, according to guidelines
developed by the commissioner in consultation with managed care plans and
county-based purchasing plans under contract:
(1) an income statement by program;
(2) financial statement footnotes;
(3) quarterly profitability by program
and population group;
(4) a medical liability summary by
program and population group;
(5) received but unpaid claims report
by program;
(6) services versus payment lags by
program for hospital services, outpatient services, physician services, other
medical services, and pharmaceutical benefits;
(7) utilization reports that summarize
utilization and unit cost information by program for hospitalization services,
outpatient services, physician services, and other medical services;
(8) pharmaceutical statistics by
program and population group for measures of price and utilization of
pharmaceutical services;
(9) subcapitation expenses by
population group;
(10) third-party payments by program;
(11) all new, active, and closed
subrogation cases by program;
(12) all new, active, and closed fraud
and abuse cases by program;
(13) medical loss ratios by program;
(1) (14) administrative
expenses by category and subcategory consistent with administrative expense
reporting by program that reconcile to other state and federal
regulatory agencies, by program;
(2) (15) revenues by program, including investment income;
(3) (16) nonadministrative
service payments, provider payments, and reimbursement rates by provider type
or service category, by program, paid by the managed care plan under this
section or the county-based purchasing plan under section 256B.692 to providers
and vendors for administrative services under contract with the plan, including
but not limited to:
(i) individual-level provider payment and reimbursement rate data;
(ii) provider reimbursement rate methodologies by provider type, by program, including a description of alternative payment arrangements and payments outside the claims process;
(iii) data on implementation of legislatively mandated provider rate changes; and
(iv)
individual-level provider payment and reimbursement rate data and plan-specific
provider reimbursement rate methodologies by provider type, by program,
including alternative payment arrangements and payments outside the claims
process, provided to the commissioner under this subdivision are nonpublic data
as defined in section 13.02;
(4) (17) data on the amount
of reinsurance or transfer of risk by program; and
(5) (18) contribution to
reserve, by program.
(c) In the event a report is published or
released based on data provided under this subdivision, the commissioner shall
provide the report to managed care plans and county-based purchasing plans 30
15 days prior to the publication or release of the report. Managed care plans and county-based
purchasing plans shall have 30 15 days to review the report and
provide comment to the commissioner.
The quarterly reports shall be submitted to the
commissioner no later than 60 days after the end of the previous quarter,
except the fourth-quarter report, which shall be submitted by April 1 of each
year. The fourth-quarter report shall
include audited financial statements, parent company audited financial
statements, an income statement reconciliation report, and any other
documentation necessary to reconcile the detailed reports to the audited
financial statements.
Sec. 23. Minnesota Statutes 2012, section 256B.69, subdivision 31, is amended to read:
Subd. 31. Payment reduction. (a) Beginning September 1, 2011, the commissioner shall reduce payments and limit future rate increases paid to managed care plans and county-based purchasing plans. The limits in paragraphs (a) to (f) shall be achieved on a statewide aggregate basis by program. The commissioner may use competitive bidding, payment reductions, or other reductions to achieve the reductions and limits in this subdivision.
(b) Beginning September 1, 2011, the commissioner shall reduce payments to managed care plans and county-based purchasing plans as follows:
(1) 2.0 percent for medical assistance elderly basic care. This shall not apply to Medicare cost-sharing, nursing facility, personal care assistance, and elderly waiver services;
(2) 2.82 percent for medical assistance families and children;
(3) 10.1 percent for medical assistance adults without children; and
(4) 6.0 percent for MinnesotaCare families and children.
(c) Beginning January 1, 2012, the commissioner shall limit rates paid to managed care plans and county-based purchasing plans for calendar year 2012 to a percentage of the rates in effect on August 31, 2011, as follows:
(1) 98 percent for medical assistance elderly basic care. This shall not apply to Medicare cost-sharing, nursing facility, personal care assistance, and elderly waiver services;
(2) 97.18 percent for medical assistance families and children;
(3) 89.9 percent for medical assistance adults without children; and
(4) 94 percent for MinnesotaCare families and children.
(d) Beginning January 1, 2013, to December 31, 2013, the commissioner shall limit the maximum annual trend increases to rates paid to managed care plans and county-based purchasing plans as follows:
(1) 7.5 percent for medical assistance elderly basic care. This shall not apply to Medicare cost-sharing, nursing facility, personal care assistance, and elderly waiver services;
(2) 5.0 percent for medical assistance special needs basic care;
(3) 2.0 percent for medical assistance families and children;
(4) 3.0 percent for medical assistance adults without children;
(5) 3.0 percent for MinnesotaCare families and children; and
(6) 3.0 percent for MinnesotaCare adults without children.
(e) The commissioner may limit trend increases to less than the maximum. Beginning July 1, 2014, the commissioner shall limit the maximum annual trend increases to rates paid to managed care plans and county-based purchasing plans as follows for calendar years 2014 and 2015:
(1) 7.5 percent for medical assistance elderly basic care. This shall not apply to Medicare cost-sharing, nursing facility, personal care assistance, and elderly waiver services;
(2) 5.0 percent for medical assistance special needs basic care;
(3) 2.0 percent for medical assistance families and children;
(4) 3.0 percent for medical assistance adults without children;
(5) 3.0 percent for MinnesotaCare families and children; and
(6) 4.0 percent for MinnesotaCare adults without children.
The commissioner may limit trend increases
to less than the maximum. For
calendar year 2014, the commissioner shall reduce the maximum aggregate trend
increases by $47,000,000 in state and federal funds to account for the
reductions in administrative expenses in subdivision 5i.
Sec. 24. Minnesota Statutes 2012, section 256B.69, is amended by adding a subdivision to read:
Subd. 35. Supplemental
recovery program. The
commissioner shall conduct a supplemental recovery program for third-party
liabilities not recovered by managed care plans and county-based purchasing
plans for state public health programs. Any
third-party liability identified and recovered by the commissioner more than
six months after the date a managed care plan or county-based purchasing plan
receives a health care claim shall be retained by the commissioner and
deposited in the general fund. The
commissioner shall establish a mechanism for managed care plans and
county-based purchasing plans to coordinate third-party liability collections
efforts with the commissioner to ensure there is no duplication of efforts. The coordination mechanism must be consistent
with the reporting requirements in subdivision 9c.
Sec. 25. Minnesota Statutes 2012, section 256B.76, subdivision 1, is amended to read:
Subdivision 1. Physician reimbursement. (a) Effective for services rendered on or after October 1, 1992, the commissioner shall make payments for physician services as follows:
(1) payment for level one Centers for Medicare and Medicaid Services' common procedural coding system codes titled "office and other outpatient services," "preventive medicine new and established patient," "delivery, antepartum, and postpartum care," "critical care," cesarean delivery and pharmacologic management provided to psychiatric patients, and level three codes for enhanced services for prenatal high risk, shall be paid at the lower of (i) submitted charges, or (ii) 25 percent above the rate in effect on June 30, 1992. If the rate on any procedure code within these categories is different than the rate that would have been paid under the methodology in section 256B.74, subdivision 2, then the larger rate shall be paid;
(2) payments for all other services shall be paid at the lower of (i) submitted charges, or (ii) 15.4 percent above the rate in effect on June 30, 1992; and
(3) all physician rates shall be converted from the 50th percentile of 1982 to the 50th percentile of 1989, less the percent in aggregate necessary to equal the above increases except that payment rates for home health agency services shall be the rates in effect on September 30, 1992.
(b) Effective for services rendered on or after January 1, 2000, payment rates for physician and professional services shall be increased by three percent over the rates in effect on December 31, 1999, except for home health agency and family planning agency services. The increases in this paragraph shall be implemented January 1, 2000, for managed care.
(c) Effective for services rendered on or after July 1, 2009, payment rates for physician and professional services shall be reduced by five percent, except that for the period July 1, 2009, through June 30, 2010, payment rates shall be reduced by 6.5 percent for the medical assistance and general assistance medical care programs, over the rates in effect on June 30, 2009. This reduction and the reductions in paragraph (d) do not apply to office or other outpatient visits, preventive medicine visits and family planning visits billed by physicians, advanced practice nurses, or physician assistants in a family planning agency or in one of the following primary care practices: general practice, general internal medicine, general pediatrics, general geriatrics, and family medicine. This reduction and the reductions in paragraph (d) do not apply to federally qualified health centers, rural health centers, and Indian health services. Effective October 1, 2009, payments made to managed care plans and county-based purchasing plans under sections 256B.69, 256B.692, and 256L.12 shall reflect the payment reduction described in this paragraph.
(d) Effective for services rendered on or after July 1, 2010, payment rates for physician and professional services shall be reduced an additional seven percent over the five percent reduction in rates described in paragraph (c). This additional reduction does not apply to physical therapy services, occupational therapy services, and speech pathology and related services provided on or after July 1, 2010. This additional reduction does not apply to
physician services billed by a psychiatrist or an advanced practice nurse with a specialty in mental health. Effective October 1, 2010, payments made to managed care plans and county-based purchasing plans under sections 256B.69, 256B.692, and 256L.12 shall reflect the payment reduction described in this paragraph.
(e) Effective for services rendered on or after September 1, 2011, through June 30, 2013, payment rates for physician and professional services shall be reduced three percent from the rates in effect on August 31, 2011. This reduction does not apply to physical therapy services, occupational therapy services, and speech pathology and related services.
(f) Effective for services rendered on
or after September 1, 2014, payment rates for physician and professional
services, including physical therapy, occupational therapy, speech pathology,
and mental health services shall be increased by five percent from the rates in
effect on August 31, 2014. In
calculating this rate increase, the commissioner shall not include in the base
rate for August 31, 2014, the rate increase provided under section 256B.76,
subdivision 7. This increase does not
apply to federally qualified health centers, rural health centers, and Indian
health services. Payments made to
managed care plans and county-based purchasing plans shall not be adjusted to
reflect payments under this paragraph.
Sec. 26. Minnesota Statutes 2012, section 256B.76, subdivision 2, is amended to read:
Subd. 2. Dental reimbursement. (a) Effective for services rendered on or after October 1, 1992, the commissioner shall make payments for dental services as follows:
(1) dental services shall be paid at the lower of (i) submitted charges, or (ii) 25 percent above the rate in effect on June 30, 1992; and
(2) dental rates shall be converted from the 50th percentile of 1982 to the 50th percentile of 1989, less the percent in aggregate necessary to equal the above increases.
(b) Beginning October 1, 1999, the payment for tooth sealants and fluoride treatments shall be the lower of (1) submitted charge, or (2) 80 percent of median 1997 charges.
(c) Effective for services rendered on or after January 1, 2000, payment rates for dental services shall be increased by three percent over the rates in effect on December 31, 1999.
(d) Effective for services provided on or after January 1, 2002, payment for diagnostic examinations and dental x-rays provided to children under age 21 shall be the lower of (1) the submitted charge, or (2) 85 percent of median 1999 charges.
(e) The increases listed in paragraphs (b) and (c) shall be implemented January 1, 2000, for managed care.
(f) Effective for dental services rendered on or after October 1, 2010, by a state-operated dental clinic, payment shall be paid on a reasonable cost basis that is based on the Medicare principles of reimbursement. This payment shall be effective for services rendered on or after January 1, 2011, to recipients enrolled in managed care plans or county-based purchasing plans.
(g) Beginning in fiscal year 2011, if the payments to state-operated dental clinics in paragraph (f), including state and federal shares, are less than $1,850,000 per fiscal year, a supplemental state payment equal to the difference between the total payments in paragraph (f) and $1,850,000 shall be paid from the general fund to state-operated services for the operation of the dental clinics.
(h) If the cost-based payment system for state-operated dental clinics described in paragraph (f) does not receive federal approval, then state-operated dental clinics shall be designated as critical access dental providers under subdivision 4, paragraph (b), and shall receive the critical access dental reimbursement rate as described under subdivision 4, paragraph (a).
(i) Effective for services rendered on or after September 1, 2011, through June 30, 2013, payment rates for dental services shall be reduced by three percent. This reduction does not apply to state-operated dental clinics in paragraph (f).
(j) Effective for services rendered on
or after January 1, 2014, payment rates for dental services shall be increased
by five percent from the rates in effect on December 31, 2013. This increase does not apply to
state-operated dental clinics in paragraph (f), federally qualified health
centers, rural health centers, and Indian health services. Effective January 1, 2014, payments made to
managed care plans and county-based purchasing plans under sections 256B.69,
256B.692, and 256L.12 shall reflect the payment increase described in this
paragraph.
Sec. 27. Minnesota Statutes 2012, section 256B.76, subdivision 4, is amended to read:
Subd. 4. Critical
access dental providers. (a)
Effective for dental services rendered on or after January 1, 2002, the
commissioner shall increase reimbursements to dentists and dental clinics
deemed by the commissioner to be critical access dental providers. For dental services rendered on or after July
1, 2007, the commissioner shall increase reimbursement by 30 35
percent above the reimbursement rate that would otherwise be paid to the
critical access dental provider. The
commissioner shall pay the managed care plans and county-based purchasing plans
in amounts sufficient to reflect increased reimbursements to critical access
dental providers as approved by the commissioner.
(b) The commissioner shall designate the following dentists and dental clinics as critical access dental providers:
(1) nonprofit community clinics that:
(i) have nonprofit status in accordance with chapter 317A;
(ii) have tax exempt status in accordance with the Internal Revenue Code, section 501(c)(3);
(iii) are established to provide oral health services to patients who are low income, uninsured, have special needs, and are underserved;
(iv) have professional staff familiar with the cultural background of the clinic's patients;
(v) charge for services on a sliding fee scale designed to provide assistance to low-income patients based on current poverty income guidelines and family size;
(vi) do not restrict access or services because of a patient's financial limitations or public assistance status; and
(vii) have free care available as needed;
(2) federally qualified health centers, rural health clinics, and public health clinics;
(3) city or county owned and operated hospital-based dental clinics;
(4) a dental clinic or dental
group owned and operated by a nonprofit corporation in accordance with chapter
317A with more than 10,000 patient encounters per year with patients who are
uninsured or covered by medical assistance, general assistance medical care,
or MinnesotaCare; and
(5) a dental clinic owned and operated by
the University of Minnesota or the Minnesota State Colleges and Universities
system.; and
(6) private practicing dentists if:
(i) the dentist's office is located
within a health professional shortage area as defined under Code of Federal
Regulations, title 42, part 5, and United States Code, title 42, section 254E;
(ii) more than 50 percent of the
dentist's patient encounters per year are with patients who are uninsured or
covered by medical assistance or MinnesotaCare;
(iii) the dentist does not restrict
access or services because of a patient's financial limitations or public
assistance status; and
(iv) the level of service provided by
the dentist is critical to maintaining adequate levels of patient access within
the service area in which the dentist operates.
(c) The commissioner may designate a
dentist or dental clinic as a critical access dental provider if the dentist or
dental clinic is willing to provide care to patients covered by medical
assistance, general assistance medical care, or MinnesotaCare at a level which
significantly increases access to dental care in the service area.
(d) (c) A designated
critical access clinic shall receive the reimbursement rate specified in
paragraph (a) for dental services provided off site at a private dental office
if the following requirements are met:
(1) the designated critical access dental clinic is located within a health professional shortage area as defined under Code of Federal Regulations, title 42, part 5, and United States Code, title 42, section 254E, and is located outside the seven-county metropolitan area;
(2) the designated critical access dental clinic is not able to provide the service and refers the patient to the off-site dentist;
(3) the service, if provided at the critical access dental clinic, would be reimbursed at the critical access reimbursement rate;
(4) the dentist and allied dental professionals providing the services off site are licensed and in good standing under chapter 150A;
(5) the dentist providing the services is enrolled as a medical assistance provider;
(6) the critical access dental clinic submits the claim for services provided off site and receives the payment for the services; and
(7) the critical access dental clinic maintains dental records for each claim submitted under this paragraph, including the name of the dentist, the off-site location, and the license number of the dentist and allied dental professionals providing the services.
Sec. 28. Minnesota Statutes 2012, section 256B.76, is amended by adding a subdivision to read:
Subd. 7. Payment
for certain primary care services and immunization administration. Payment for certain primary care
services and immunization administration services rendered on or after January
1, 2013, through December 31, 2014, shall be made in accordance with section
1902(a)(13) of the Social Security Act.
Sec. 29. Minnesota Statutes 2012, section 256B.764, is amended to read:
256B.764
REIMBURSEMENT FOR FAMILY PLANNING SERVICES.
(a) Effective for services rendered on or after July 1, 2007, payment rates for family planning services shall be increased by 25 percent over the rates in effect June 30, 2007, when these services are provided by a community clinic as defined in section 145.9268, subdivision 1.
(b) Effective for services rendered on or
after July 1, 2013, payment rates for family planning services shall be
increased by 20 percent over the rates in effect June 30, 2013, when these
services are provided by a community clinic as defined in section 145.9268,
subdivision 1. The commissioner shall
adjust capitation rates to managed care and county-based purchasing plans to
reflect this increase, and shall require plans to pass on the full amount of
the rate increase to eligible community clinics, in the form of higher payment
rates for family planning services.
Sec. 30. Minnesota Statutes 2012, section 256B.766, is amended to read:
256B.766
REIMBURSEMENT FOR BASIC CARE SERVICES.
(a) Effective for services provided on or after July 1, 2009, total payments for basic care services, shall be reduced by three percent, except that for the period July 1, 2009, through June 30, 2011, total payments shall be reduced by 4.5 percent for the medical assistance and general assistance medical care programs, prior to third-party liability and spenddown calculation. Effective July 1, 2010, the commissioner shall classify physical therapy services, occupational therapy services, and speech-language pathology and related services as basic care services. The reduction in this paragraph shall apply to physical therapy services, occupational therapy services, and speech-language pathology and related services provided on or after July 1, 2010.
(b) Payments made to managed care plans and county-based purchasing plans shall be reduced for services provided on or after October 1, 2009, to reflect the reduction effective July 1, 2009, and payments made to the plans shall be reduced effective October 1, 2010, to reflect the reduction effective July 1, 2010.
(c) Effective for services provided on or after September 1, 2011, through June 30, 2013, total payments for outpatient hospital facility fees shall be reduced by five percent from the rates in effect on August 31, 2011.
(d) Effective for services provided on or
after September 1, 2011, through June 30, 2013, total payments for ambulatory
surgery centers facility fees, medical supplies and durable medical equipment
not subject to a volume purchase contract, prosthetics and orthotics, renal
dialysis services, laboratory services, public health nursing services,
physical therapy services, occupational therapy services, speech therapy
services, eyeglasses not subject to a volume purchase contract, hearing aids
not subject to a volume purchase contract, and anesthesia services,
and hospice services shall be reduced by three percent from the rates in
effect on August 31, 2011.
(e) Effective for services provided on
or after September 1, 2014, payments for ambulatory surgery centers facility
fees, medical supplies and durable medical equipment not subject to a volume
purchase contract, prosthetics and orthotics, hospice services, renal dialysis
services, laboratory services, public health nursing services, eyeglasses not
subject to a volume purchase contract, and hearing aids not subject to a volume
purchase contract shall be increased by three percent and payments for
outpatient hospital facility fees shall be increased by three percent. Payments made to managed care plans and
county-based purchasing plans shall not be adjusted to reflect payments under
this paragraph.
(e) (f) This section does not apply to physician and professional services, inpatient hospital services, family planning services, mental health services, dental services, prescription drugs, medical transportation, federally qualified health centers, rural health centers, Indian health services, and Medicare cost-sharing.
Sec. 31. Minnesota Statutes 2012, section 256B.767, is amended to read:
256B.767
MEDICARE PAYMENT LIMIT.
(a) Effective for services rendered on or after July 1, 2010, fee-for-service payment rates for physician and professional services under section 256B.76, subdivision 1, and basic care services subject to the rate reduction specified in section 256B.766, shall not exceed the Medicare payment rate for the applicable service, as adjusted for any changes in Medicare payment rates after July 1, 2010. The commissioner shall implement this section after any other rate adjustment that is effective July 1, 2010, and shall reduce rates under this section by first reducing or eliminating provider rate add-ons.
(b)
This section does not apply to services provided by advanced practice certified
nurse midwives licensed under chapter 148 or traditional midwives licensed
under chapter 147D. Notwithstanding this
exemption, medical assistance fee-for-service payment rates for advanced
practice certified nurse midwives and licensed traditional midwives shall equal
and shall not exceed the medical assistance payment rate to physicians for the
applicable service.
(c) This section does not apply to mental health services or physician services billed by a psychiatrist or an advanced practice registered nurse with a specialty in mental health.
(d) Effective for durable medical
equipment, prosthetics, orthotics, or supplies provided on or after July 1,
2013, through June 30, 2014, the payment rate for items that are subject to the
rates established under Medicare's National Competitive Bidding Program shall
be equal to the rate that applies to the same item when not subject to the rate
established under Medicare's National Competitive Bidding Program. This paragraph does not apply to mail order
diabetic supplies and does not apply to items provided to dually eligible
recipients when Medicare is the primary payer of the item.
Sec. 32. Laws 2013, chapter 1, section 6, is amended to read:
Sec. 6. TRANSFER.
(a) The commissioner of management and budget shall transfer from the health care access fund to the general fund up to $21,319,000 in fiscal year 2014; up to $42,314,000 in fiscal year 2015; up to $56,147,000 in fiscal year 2016; and up to $64,683,000 in fiscal year 2017.
(b) The commissioner of human services
shall determine the difference between the actual or forecasted cost to the
medical assistance program of adding 19- and 20-year-olds and parents and
relative caretaker populations with income between 100 and 138 percent of the
federal poverty guidelines and the cost of adding those populations that was
estimated during the 2013 legislative session based on the data from the
February 2013 forecast.
(c) For each fiscal year from 2014 to
2017, the commissioner of human services shall certify and report to the
commissioner of management and budget the actual or forecasted cost difference
of adding 19- and 20-year-olds and parents and relative caretaker populations
with income between 100 and 138 percent of the federal poverty guidelines, as
determined under paragraph (b), to the commissioner of management and budget at
least four weeks prior to the release of a forecast under Minnesota Statutes,
section 16A.103, of each fiscal year.
(d) No later than three weeks before the
release of the forecast under Minnesota Statutes, section 16A.103, the
commissioner of management and budget shall reduce the health care access fund
transfer in paragraph (a), by the cumulative differences in costs reported by
the commissioner of human services under paragraph (c). If, for any
fiscal year, the amount of the
cumulative cost differences determined under paragraph (b) is positive, no
change is made to the appropriation. If,
for any fiscal year, the amount of the cumulative cost differences determined
under paragraph (b) is less than the amount of the original appropriation, the
appropriation for that year must be zero.
Sec. 33. REQUEST
FOR INFORMATION; EMERGENCY MEDICAL ASSISTANCE AND THE UNINSURED STUDY.
(a)
The commissioner of human services, in consultation with safety net hospitals,
nonprofit health care coverage programs, nonprofit community clinics, counties,
and other interested parties, shall identify alternatives and make
recommendations for providing coordinated and cost-effective health care and
coverage to individuals who:
(1) meet eligibility standards for
emergency medical assistance; or
(2) are uninsured and ineligible for
other state public health care programs, have incomes below 400 percent of the federal
poverty level, and are ineligible for premium credits through the Minnesota
Insurance Marketplace as defined under Minnesota Statutes, section 62V.02.
(b) The commissioner of human services
shall issue a request for information to help identify options for coverage of
medically necessary services not eligible for federal financial participation
for emergency medical assistance recipients and medically necessary services
for individuals who are uninsured and ineligible for other state public health care
programs or coverage through the Minnesota Insurance Marketplace. The request for information shall provide:
(1) the identification of services,
including community-based medical, dental, and behavioral health services,
necessary to reduce emergency department and inpatient hospital utilization for
these recipients;
(2) delivery system options, including
for each option how the system would be organized to promote care coordination
and cost-effectiveness, and how the system would be available statewide;
(3) funding options and payment
mechanisms to encourage providers to manage the delivery of care to these
populations at a lower cost of care and with better patient outcomes than the
current system;
(4) how the funding and delivery of
services will be coordinated with the services covered under emergency medical
assistance;
(5) options for administration of
eligibility determination and service delivery; and
(6) evaluation methods to measure
cost-effectiveness and health outcomes that take into consideration the social
determinants of health care for recipients participating in this alternative
coverage option.
(c) The commissioner shall issue a
request for information by August 1, 2013, and respondents to the request must
submit information to the commissioner by October 1, 2013.
(d) The commissioner shall incorporate
the information obtained through the request for information described in
paragraph (b) and information collected by the commissioner of health and other
relevant sources related to the uninsured in this state when developing
recommendations.
(e)
The commissioner shall submit recommendations to the chairs and ranking
minority members of the legislative committees and divisions with jurisdiction
over health and human services and finance by January 15, 2014.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 34. REQUEST
FOR INFORMATION; EMERGENCY MEDICAL ASSISTANCE.
(a) The commissioner of human services
shall issue a request for information (RFI) to identify and develop options for
a program to provide emergency medical assistance recipients with coverage for
medically necessary services not eligible for federal financial participation. The RFI must focus on providing coverage for
nonemergent services for recipients who have two or more chronic conditions and
have had two or more hospitalizations covered by emergency medical assistance
in a one-year period.
(b) The RFI must be issued by August 1,
2013, and require respondents to submit information to the commissioner by
November 1, 2013. The RFI must request
information on:
(1) services necessary to reduce
emergency department and inpatient hospital use for emergency medical
assistance recipients;
(2) methods of service delivery that
promote efficiency and cost-effectiveness, and provide statewide access;
(3) funding options for the services to
be covered under the program;
(4) coordination of service delivery
and funding with services covered under emergency medical assistance;
(5) options for program administration;
and
(6) methods to evaluate the program,
including evaluation of cost-effectiveness and health outcomes for those
emergency medical assistance recipients eligible for coverage of additional
services under the program.
(c) The commissioner shall make
information submitted in response to the RFI available on the agency Web site. The commissioner, based on the responses to
the RFI, shall submit recommendations on providing emergency medical assistance
recipients with coverage for nonemergent services, as described in paragraph
(a), to the chairs and ranking minority members of the legislative committees
with jurisdiction over health and human services policy and finance by January
15, 2014.
Sec. 35. DENTAL
ACCESS AND REIMBURSEMENT REPORT.
Subdivision 1. Study. (a) The commissioner of human services
shall study the current oral health and dental services delivery system for
state public health care programs to improve access and ensure cost-effective
delivery of services. The commissioner
shall make recommendations on modifying the delivery of services and
reimbursement methods, including modifications to the critical access dental
provider payments under Minnesota Statutes, section 256B.76, subdivision 4.
(b) The commissioner shall consult with
dental providers enrolled in Minnesota health care programs, including
providers who serve substantial numbers of low-income and uninsured patients
and are currently receiving enhanced critical access dental provider payments.
Subd. 2. Service
delivery and reimbursement methods. The
recommendations must address:
(1) targeting state funding and
critical access dental payments to improve access to oral health services for
individuals enrolled in Minnesota health care programs who are not receiving
timely and appropriate dental services;
(2) encouraging the use of
cost-effective service delivery methods, workforce innovations, and the
delivery of preventive services, including, but not limited to, dental sealants
that will reduce dental disease and future costs of treatment;
(3) improving access in all
geographic areas of the state;
(4) encouraging the use of
tele-dentistry and mobile dental equipment to serve underserved patients and
communities;
(5) evaluating the use of a single administrator
delivery model;
(6) compensating providers for the
added costs to providers of serving low-income and underserved patients and
populations who experience the greatest oral health disparities in terms of
incidence of oral health disease and access to and utilization of needed oral
health services;
(7) encouraging coordination of oral
health care with other health care services;
(8) preventing overtreatment, fraud,
and abuse; and
(9) reducing administrative costs for
the state and for dental providers.
Subd. 3. Report. The commissioner shall submit a report
on the recommendations to the chairs and ranking minority members of the of the
legislative committees and divisions with jurisdiction over health and human
services policy and finance by December 15, 2013.
ARTICLE 7
CONTINUING CARE
Section 1. Minnesota Statutes 2012, section 144.0724, subdivision 6, is amended to read:
Subd. 6. Penalties for late or nonsubmission. (a) A facility that fails to complete or submit an assessment for a RUG-III or RUG-IV classification within seven days of the time requirements in subdivisions 4 and 5 is subject to a reduced rate for that resident. The reduced rate shall be the lowest rate for that facility. The reduced rate is effective on the day of admission for new admission assessments or on the day that the assessment was due for all other assessments and continues in effect until the first day of the month following the date of submission of the resident's assessment.
(b) If loss of revenue due to penalties
incurred by a facility for any period of 92 days are equal to or greater than
1.0 percent of the total operating costs on the facility's most recent annual
statistical and cost report, a facility may apply to the commissioner of human
services for a reduction in the total penalty amount. The commissioner of human services, in
consultation with the commissioner of health, may, at the sole discretion of
the commissioner of human services, limit the penalty for residents covered by
medical assistance to 15 days.
Sec. 2. Minnesota Statutes 2012, section 144A.071, subdivision 4b, is amended to read:
Subd. 4b. Licensed
beds on layaway status. A licensed
and certified nursing facility may lay away, upon prior written notice to the
commissioner of health, licensed and certified beds. A nursing facility may not discharge a
resident in order to lay away a bed. Notice
to the commissioner shall be given 60 days prior to the effective date of the
layaway. Beds on layaway shall have the
same status as voluntarily delicensed and decertified beds and shall not be
subject to license fees and license surcharge fees. In addition, beds on layaway may be removed
from layaway at any time on or after one year six months after
the effective date of layaway in the facility of origin, with a 60-day notice
to the commissioner. A nursing facility
that removes beds from layaway may not place beds on layaway status for one
year six months after the effective date of the removal from layaway. The commissioner may approve the immediate
removal of beds from layaway if necessary to provide access to those nursing
home beds to residents relocated from other nursing homes due to emergency
situations or closure. In the event
approval is
granted, the one-year six-month
restriction on placing beds on layaway after a removal of beds from layaway
shall not apply. Beds may remain on
layaway for up to ten years. The
commissioner may approve placing and removing beds on layaway at any time
during renovation or construction related to a moratorium project approved
under this section or section 144A.073. Nursing
facilities are not required to comply with any licensure or certification
requirements for beds on layaway status.
Sec. 3. Minnesota Statutes 2012, 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; or, allowing movement to the community for people who no longer
require the level of care provided in state-operated facilities as provided
under section 256B.092, subdivision 13, or 256B.49, subdivision 24;
(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) 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.
(d) (c) 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. The department shall decrease
the statewide licensed capacity
for foster care settings where
the physical location is not the primary residence of the license holder, if
the voluntary changes described in paragraph (f) (e) are not
sufficient to meet the savings required by reductions in licensed bed capacity
under Laws 2011, First Special Session chapter 9, article 7, sections 1 and 40,
paragraph (f), and maintain statewide long-term care residential services
capacity within budgetary limits. Implementation
of the statewide licensed capacity reduction
shall begin on July 1, 2013. The
commissioner shall delicense up to 128 beds by June 30, 2014, using the
needs determination process. Under this
paragraph, the commissioner has the authority to reduce unused licensed
capacity of a current foster care program to accomplish the consolidation or
closure of settings. Under this
paragraph, the commissioner has the authority to manage statewide capacity,
including adjusting the capacity available to each county and adjusting
statewide available capacity, to meet the statewide needs identified through
the process in paragraph (e). A
decreased licensed capacity according to this paragraph is not subject to
appeal under this chapter.
(e) (d) Residential settings
that would otherwise be subject to the decreased license capacity established
in paragraph (d) (c) shall be exempt under the following
circumstances:
(1) until August 1, 2013, the license holder's beds occupied by residents whose primary diagnosis is mental illness and the license holder is:
(i) a provider of assertive community treatment (ACT) or adult rehabilitative mental health services (ARMHS) as defined in section 256B.0623;
(ii) a mental health center certified under Minnesota Rules, parts 9520.0750 to 9520.0870;
(iii) a mental health clinic certified under Minnesota Rules, parts 9520.0750 to 9520.0870; or
(iv) a provider of intensive residential treatment services (IRTS) licensed under Minnesota Rules, parts 9520.0500 to 9520.0670; or
(2) the license holder's beds occupied by residents whose primary diagnosis is mental illness and the license holder is certified under the requirements in subdivision 6a.
(f) (e) A resource need
determination process, managed at the state level, using the available reports
required by section 144A.351, and other data and information shall be used to
determine where the reduced capacity required under paragraph (d) (c)
will be implemented. The commissioner
shall consult with the stakeholders described in section 144A.351, and employ a
variety of methods to improve the state's capacity to meet long-term care
service needs within budgetary limits, including seeking proposals from service
providers or lead agencies to change service type, capacity, or location to
improve services, increase the independence of residents, and better meet needs
identified by the long-term care services reports and statewide data and
information. By February 1 of each,
2013, and August 1, 2014, and each following year, the commissioner shall
provide information and data on the overall capacity of licensed long-term care
services, actions taken under this subdivision to manage statewide long-term
care services and supports resources, and any recommendations for change to the
legislative committees with jurisdiction over health and human services budget.
(g) (f) 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.
(h) (g) License
holders of foster care homes identified under paragraph (g) (f) 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 2012, section 252.291, is amended by adding a subdivision to read:
Subd. 2b. Nicollet
County facility project. The
commissioner of health shall certify one additional bed in an intermediate care
facility for persons with developmental disabilities in Nicollet County.
Sec. 5. Minnesota Statutes 2012, section 256.9657, subdivision 3a, is amended to read:
Subd. 3a. ICF/MR
ICF/DD license surcharge. (a)
Effective July 1, 2003, each non-state-operated facility as defined under
section 256B.501, subdivision 1, shall pay to the commissioner an annual
surcharge according to the schedule in subdivision 4, paragraph (d). The annual surcharge shall be $1,040 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 facility 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. The commissioner may reduce, and may
subsequently restore, the surcharge under this subdivision based on the
commissioner's determination of a permissible surcharge.
(b) Effective July 1, 2013, the
surcharge under paragraph (a) is increased to $3,679 per licensed bed.
EFFECTIVE
DATE. This section is
effective July 1, 2013.
Sec. 6. Minnesota Statutes 2012, section 256B.0915, subdivision 3a, is amended to read:
Subd. 3a. Elderly
waiver cost limits. (a) The monthly
limit for the cost of waivered services to an individual elderly waiver client
except for individuals described in paragraph paragraphs (b) and
(d) shall be the weighted average monthly nursing facility rate of the case
mix resident class to which the elderly waiver client would be assigned under
Minnesota Rules, parts 9549.0050 to 9549.0059, less the recipient's maintenance
needs allowance as described in subdivision 1d, paragraph (a), until the first
day of the state fiscal year in which the resident assessment system as
described in section 256B.438 for nursing home rate determination is
implemented. Effective on the first day
of the state fiscal year in which the resident assessment system as described
in section 256B.438 for nursing home rate determination is implemented and the
first day of each subsequent state fiscal year, the monthly limit for the cost
of waivered services to an individual elderly waiver client shall be the rate
of the case mix resident class to which the waiver client would be assigned
under Minnesota Rules, parts 9549.0050 to 9549.0059, in effect on the last day
of the previous state fiscal year, adjusted by any legislatively adopted home
and community-based services percentage rate adjustment.
(b) The monthly limit for the cost of waivered services to an individual elderly waiver client assigned to a case mix classification A under paragraph (a) with:
(1) no dependencies in activities of daily living; or
(2) up to two dependencies in bathing, dressing, grooming, walking, and eating when the dependency score in eating is three or greater as determined by an assessment performed under section 256B.0911 shall be $1,750 per month effective on July 1, 2011, for all new participants enrolled in the program on or after July 1, 2011. This monthly limit shall be applied to all other participants who meet this criteria at reassessment. This monthly limit shall be increased annually as described in paragraph (a).
(c) If extended medical supplies and equipment or environmental modifications are or will be purchased for an elderly waiver client, the costs may be prorated for up to 12 consecutive months beginning with the month of purchase. If the monthly cost of a recipient's waivered services exceeds the monthly limit established in paragraph (a) or (b), the annual cost of all waivered services shall be determined. In this event, the annual cost of all waivered services shall not exceed 12 times the monthly limit of waivered services as described in paragraph (a) or (b).
(d) Effective July 1, 2013, the monthly
cost limit of waiver services, including any necessary home care services
described in section 256B.0651, subdivision 2, for individuals who meet the
criteria as ventilator-dependent given in section 256B.0651, subdivision 1,
paragraph (g), shall be the average of the monthly medical assistance amount
established for home care services as described in section 256B.0652,
subdivision 7, and the annual average contracted amount established by the
commissioner for nursing facility services for ventilator-dependent individuals. This monthly limit shall be increased
annually as described in paragraph (a).
Sec. 7. Minnesota Statutes 2012, section 256B.0915, is amended by adding a subdivision to read:
Subd. 3j. Individual community living support. Upon federal approval, there is established a new service called individual community living support (ICLS) that is available on the elderly waiver. ICLS providers may not be the landlord of recipients, nor have any interest in the recipient's housing. ICLS must be delivered in a single-family home or apartment where the service recipient or their family owns or rents, as demonstrated by a lease agreement, and maintains control over the individual unit. Case managers or care coordinators must develop individual ICLS plans in consultation with the client using a tool developed by the commissioner. The commissioner shall establish payment rates and mechanisms to align payments with the type and amount of service provided, assure statewide uniformity for payment rates, and assure cost-effectiveness. Licensing standards for ICLS shall be reviewed jointly by the Departments of Health and Human Services to avoid conflict with provider regulatory standards pursuant to section 144A.43 and chapter 245D.
Sec. 8. Minnesota Statutes 2012, section 256B.0916, is amended by adding a subdivision to read:
Subd. 11. Excess
spending. County and tribal
agencies are responsible for spending in excess of the allocation made by the
commissioner. In the event a county or
tribal agency spends in excess of the allocation made by the commissioner for a
given allocation period, they must submit a corrective action plan to the
commissioner. The plan must state the
actions the agency will take to correct their overspending for the year
following the period when the overspending occurred. Failure to correct overspending shall result
in recoupment of spending in excess of the allocation. Nothing in this subdivision shall be
construed as reducing the county's responsibility to offer and make available
feasible home and community-based options to eligible waiver recipients within
the resources allocated to them for that purpose.
Sec. 9. Minnesota Statutes 2012, section 256B.092, subdivision 7, is amended to read:
Subd. 7. Screening teams. (a) For persons with developmental disabilities, screening teams shall be established which shall evaluate the need for the level of care provided by residential-based habilitation services, residential services, training and habilitation services, and nursing facility services. The evaluation 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 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.
(b) 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 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 meets the federal definition.
(c) 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.
(d) 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.
(e) 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.
(f) 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. With the permission of the person being screened or the person's designated legal representative, the person's current provider of services may submit a written report outlining their recommendations regarding the person's care needs prepared by a direct service employee with at least 20 hours of service to that client. The screening team must notify the provider of the date by which this information is to be submitted. This information must be provided to the screening team and the person or the person's legal representative and must be considered prior to the finalization of the screening.
(g) Upon federal approval, if during an
assessment or reassessment the recipient is determined to be able to have the
recipient's needs met through alternative services in a less restrictive
setting, the case manager shall help the recipient develop a plan to transition
to an appropriate less restrictive setting.
(g) (h) No member of the
screening team shall have any direct or indirect service provider interest in
the case.
(h) (i) Nothing in this
section shall be construed as requiring the screening team meeting to be
separate from the service planning meeting.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 10. Minnesota Statutes 2012, 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 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 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 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. 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 (g) (f),
are considered registered under this section.
Sec. 11. Minnesota Statutes 2012, section 256B.092, subdivision 12, is amended to read:
Subd. 12. Waivered services statewide priorities. (a) The commissioner shall establish statewide priorities for individuals on the waiting list for developmental disabilities (DD) waiver services, as of January 1, 2010. The statewide priorities must include, but are not limited to, individuals who continue to have a need for waiver services after they have maximized the use of state plan services and other funding resources, including natural supports, prior to accessing waiver services, and who meet at least one of the following criteria:
(1) no longer require the intensity of
services provided where they are currently living; or
(2) make a request to move from an institutional
setting.
(b) After the priorities in paragraph
(a) are met, priority must also be given to individuals who meet at least one
of the following criteria:
(1) have unstable living situations due to the age, incapacity, or sudden loss of the primary caregivers;
(2) are moving from an institution due to bed closures;
(3) experience a sudden closure of their current living arrangement;
(4) require protection from confirmed abuse, neglect, or exploitation;
(5) experience a sudden change in need that can no longer be met through state plan services or other funding resources alone; or
(6) meet other priorities established by the department.
(b) (c) When allocating
resources to lead agencies, the commissioner must take into consideration the
number of individuals waiting who meet statewide priorities and the lead
agencies' current use of waiver funds and existing service options. The commissioner has the authority to
transfer funds between counties, groups of counties, and tribes to accommodate statewide
priorities and resource needs while accounting for a necessary base level
reserve amount for each county, group of counties, and tribe.
(c) The commissioner shall
evaluate the impact of the use of statewide priorities and provide
recommendations to the legislature on whether to continue the use of statewide
priorities in the November 1, 2011, annual report required by the commissioner
in sections 256B.0916, subdivision 7, and 256B.49, subdivision 21.
Sec. 12. Minnesota Statutes 2012, section 256B.092, is amended by adding a subdivision to read:
Subd. 14. Reduce
avoidable behavioral crisis emergency room admissions, psychiatric inpatient
hospitalizations, and commitments to institutions. (a) Persons receiving home and
community-based services authorized under this section who have had two or more
admissions within a calendar year to an emergency room, psychiatric unit, or
institution must receive consultation from a mental health professional as
defined in section 245.462, subdivision 18, or a behavioral professional as
defined in the home and community-based services state plan within 30 days of
discharge. The mental health
professional or behavioral professional must:
(1) conduct a functional assessment of
the crisis incident as defined in section 245D.02, subdivision 11, which led to
the hospitalization with the goal of developing proactive strategies as well as
necessary reactive strategies to reduce the likelihood of future avoidable
hospitalizations due to a behavioral crisis;
(2) use the results of the functional assessment to amend the coordinated service and support plan set forth in section 245D.02, subdivision 4b, to address the potential need for additional staff training, increased staffing, access to crisis mobility services, mental health services, use of technology, and crisis stabilization services in section 256B.0624, subdivision 7; and
(3) identify the need for additional consultation, testing, and mental health crisis intervention team services as defined in section 245D.02, subdivision 20, psychotropic medication use and monitoring under section 245D.051, and the frequency and duration of ongoing consultation.
(b) For the purposes of this
subdivision, "institution" includes, but is not limited to, the
Anoka-Metro Regional Treatment Center and the Minnesota Security Hospital.
Sec. 13. [256B.0922]
ESSENTIAL COMMUNITY SUPPORTS.
Subdivision 1. Essential
community supports. (a) The
purpose of the essential community supports program is to provide targeted
services to persons age 65 and older who need essential community support, but
whose needs do not meet the level of care required for nursing facility
placement under section 144.0724, subdivision 11.
(b) Essential community supports are
available not to exceed $400 per person per month. Essential community supports may be used as
authorized within an authorization period not to exceed 12 months. Services must be available to a person who:
(1) is age 65 or older;
(2) is not eligible for medical
assistance;
(3) has received a community assessment
under section 256B.0911, subdivision 3a or 3b, and does not require the level
of care provided in a nursing facility;
(4)
meets the financial eligibility criteria for the alternative care program under
section 256B.0913, subdivision 4;
(5) has a community support plan; and
(6) has been determined by a
community assessment under section 256B.0911, subdivision 3a or 3b, to be a
person who would require provision of at least one of the following services,
as defined in the approved elderly waiver plan, in order to maintain their
community residence:
(i) caregiver support;
(ii) homemaker support;
(iii) chores;
(iv) a personal emergency response
device or system;
(v) home-delivered meals; or
(vi) community living assistance as
defined by the commissioner.
(c) The person receiving any of the
essential community supports in this subdivision must also receive service
coordination, not to exceed $600 in a 12-month authorization period, as part of
their community support plan.
(d) A person who has been determined to
be eligible for essential community supports must be reassessed at least
annually and continue to meet the criteria in paragraph (b) to remain eligible
for essential community supports.
(e) The commissioner is authorized to
use federal matching funds for essential community supports as necessary and to
meet demand for essential community supports as outlined in subdivision 2, and
that amount of federal funds is appropriated to the commissioner for this purpose.
Subd. 2. Essential
community supports for people in transition. (a) Essential community supports under
subdivision 1 are also available to an individual who:
(1) is receiving nursing facility
services or home and community-based long-term services and supports under
section 256B.0915 or 256B.49 on the effective date of implementation of the
revised nursing facility level of care under section 144.0724, subdivision 11;
(2) meets one of the following
criteria:
(i) due to the implementation of the revised
nursing facility level of care, loses eligibility for continuing medical
assistance payment of nursing facility services at the first reassessment under
section 144.0724, subdivision 11, paragraph (b), that occurs on or after the
effective date of the revised nursing facility level of care criteria under
section 144.0724, subdivision 11; or
(ii) due to the implementation of the
revised nursing facility level of care, loses eligibility for continuing
medical assistance payment of home and community-based long-term services and
supports under section 256B.0915 or 256B.49 at the first reassessment required
under those sections that occurs on or after the effective date of
implementation of the revised nursing facility level of care under section
144.0724, subdivision 11;
(3) is not eligible for personal care
attendant services; and
(4) has an assessed need for one or
more of the supportive services offered under essential community supports
under subdivision 1, paragraph (b), clause (6).
Individuals eligible under this
paragraph includes individuals who continue to be eligible for medical
assistance state plan benefits and those who are not or are no longer
financially eligible for medical assistance.
(b) Additional onetime case management
is available for participants under paragraph (a), not to exceed $600 per
person to be used within one authorization period not to exceed 12 months. This service is provided in addition to the
essential community supports benefit described under subdivision 1, paragraph
(b).
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 14. [256B.0949]
AUTISM EARLY INTENSIVE INTERVENTION BENEFIT.
Subdivision 1. Purpose. This section creates a new benefit to
provide early intensive intervention to a child with an autism spectrum
disorder diagnosis. This benefit must
provide coverage for diagnosis, multidisciplinary assessment, ongoing progress
evaluation, and medically necessary treatment of autism spectrum disorder.
Subd. 2. Definitions. (a) For the purposes of this section,
the terms defined in this subdivision have the meanings given.
(b) "Autism spectrum disorder
diagnosis" is defined by diagnostic code 299 in the current version of the
Diagnostic and Statistical Manual of Mental Disorders (DSM).
(c) "Child" means a person
under the age of 18.
(d) "Commissioner" means the
commissioner of human services, unless otherwise specified.
(e) "Early intensive intervention
benefit" means autism treatment options based in behavioral and
developmental science, which may include modalities such as applied behavior
analysis, developmental treatment approaches, and naturalistic and parent
training models.
(f) "Generalizable goals" means
results or gains that are observed during a variety of activities with different
people, such as providers, family members, other adults, and children, and in
different environments including, but not limited to, clinics, homes, schools,
and the community.
(g) "Mental health
professional" has the meaning given in section 245.4871, subdivision 27,
clauses (1) to (6).
Subd. 3. Initial
eligibility. This benefit is
available to a child enrolled in medical assistance who:
(1) has an autism spectrum disorder
diagnosis;
(2) has had a diagnostic assessment described in subdivision 5, which recommends early intensive intervention services; and
(3) meets the criteria for medically
necessary autism early intensive intervention services.
Subd. 4. Diagnosis. (a) A diagnosis must:
(1) be based upon current DSM criteria
including direct observations of the child and reports from parents or primary
caregivers; and
(2) be completed by both a licensed
physician or advanced practice registered nurse and a mental health
professional.
(b) Additional diagnostic
assessment information may be considered including from special education
evaluations and licensed school personnel, and from professionals licensed in
the fields of medicine, speech and language, psychology, occupational therapy,
and physical therapy.
(c) If the commissioner determines
there are access problems or delays in diagnosis for a geographic area due to
the lack of qualified professionals, the commissioner shall waive the
requirement in paragraph (a), clause (2), for two professionals and allow a
diagnosis to be made by one professional for that geographic area. This exception must be limited to a specific
period of time until, with stakeholder input as described in subdivision 8,
there is a determination of an adequate number of professionals available to
require two professionals for each diagnosis.
Subd. 5. Diagnostic
assessment. The following
information and assessments must be performed, reviewed, and relied upon for
the eligibility determination, treatment and services recommendations, and
treatment plan development for the child:
(1) an assessment of the child's
developmental skills, functional behavior, needs, and capacities based on
direct observation of the child which must be administered by a licensed mental
health professional and may also include observations from family members,
school personnel, child care providers, or other caregivers, as well as any
medical or assessment information from other licensed professionals such as the
child's physician, rehabilitation therapists, licensed school personnel, or mental
health professionals; and
(2) an assessment of parental or
caregiver capacity to participate in therapy including the type and level of
parental or caregiver involvement and training recommended.
Subd. 6. Treatment
plan. (a) Each child's
treatment plan must be:
(1) based on the diagnostic assessment
information specified in subdivisions 4 and 5;
(2) coordinated with medically necessary
occupational, physical, and speech and language therapies, special education,
and other services the child and family are receiving;
(3) family-centered;
(4) culturally sensitive; and
(5) individualized based on the child's
developmental status and the child's and family's identified needs.
(b) The treatment plan must specify the:
(1) child's goals which are developmentally
appropriate, functional, and generalizable;
(2) treatment modality;
(3) treatment intensity;
(4) setting; and
(5) level and type of parental or
caregiver involvement.
(c) The treatment must be supervised by a
professional with expertise and training in autism and child development who is
a licensed physician, advanced practice registered nurse, or mental health
professional.
(d) The treatment plan must be
submitted to the commissioner for approval in a manner determined by the
commissioner for this purpose.
(e) Services authorized must be
consistent with the child's approved treatment plan.
Services
included in the treatment plan must meet all applicable requirements for
medical necessity and coverage.
Subd. 7. Ongoing
eligibility. (a) An
independent progress evaluation conducted by a licensed mental health
professional with expertise and training in autism spectrum disorder and child
development must be completed after each six months of treatment, or more
frequently as determined by the commissioner, to determine if progress is being
made toward achieving generalizable goals and meeting functional goals
contained in the treatment plan.
(b) The progress evaluation must include:
(1) the treating provider's report;
(2) parental or caregiver input;
(3) an
independent observation of the child which can be performed by the child's
licensed special education staff;
(4) any treatment plan modifications; and
(5) recommendations for continued
treatment services.
(c) Progress evaluations must be
submitted to the commissioner in a manner determined by the commissioner for
this purpose.
(d) A child who continues to achieve generalizable goals and treatment goals as specified in the treatment plan is eligible to continue receiving this benefit.
(e) A child's treatment shall continue
during the progress evaluation using the process determined under subdivision
8, clause (8). Treatment may continue
during an appeal pursuant to section 256.045.
Subd. 8. Refining
the benefit with stakeholders. The
commissioner must develop the implementation details of the benefit in
consultation with stakeholders and consider recommendations from the Health
Services Advisory Council, the Department of Human Services Autism Spectrum
Disorder Advisory Council, the Legislative Autism Spectrum Disorder Task Force,
and the Interagency Task Force of the Departments of Health, Education, and
Human Services. The commissioner must
release these details for a 30-day public comment period prior to submission to
the federal government for approval. The
implementation details must include, but are not limited to, the following
components:
(1) a definition of the qualifications,
standards, and roles of the treatment team, including recommendations after
stakeholder consultation on whether board-certified behavior analysts and other
types of professionals trained in autism spectrum disorder and child
development should be added as mental health or other professionals for
treatment supervision or other functions under medical assistance;
(2) development of initial, uniform
parameters for comprehensive multidisciplinary diagnostic assessment
information and progress evaluation standards;
(3)
the design of an effective and consistent process for assessing parent and caregiver
capacity to participate in the child's early intervention treatment and methods
of involving the parents and caregivers in the treatment of the child;
(4)
formulation of a collaborative process in which professionals have
opportunities to collectively inform a comprehensive, multidisciplinary
diagnostic assessment and progress evaluation processes and standards to
support quality improvement of early intensive intervention services;
(5) coordination of this benefit and its
interaction with other services provided by the Departments of Human Services,
Health, and Education;
(6) evaluation, on an ongoing basis, of
research regarding the program and treatment modalities provided to children
under this benefit;
(7) determination of the availability of
licensed physicians, nurse practitioners, and mental health professionals with
expertise and training in autism spectrum disorder throughout the state to
assess whether there are sufficient professionals to require involvement of
both a physician or nurse practitioner and a mental health professional to
provide access and prevent delay in the diagnosis and treatment of young
children, so as to implement subdivision 4, and to ensure treatment is
effective, timely, and accessible; and
(8) development of the process for the
progress evaluation that will be used to determine the ongoing eligibility,
including necessary documentation, timelines, and responsibilities of all
parties.
Subd. 9. Revision
of treatment options. (a) The
commissioner may revise covered treatment options as needed based on outcome
data and other evidence.
(b) Before the changes become effective,
the commissioner must provide public notice of the changes, the reasons for the
change, and a 30-day public comment period to those who request notice through
an electronic list accessible to the public on the department's Web site.
Subd. 10. Coordination
between agencies. The
commissioners of human services and education must develop the capacity to
coordinate services and information including diagnostic, functional,
developmental, medical, and educational assessments; service delivery; and
progress evaluations across health and education sectors.
Subd. 11. Federal
approval of the autism benefit. The
provisions of subdivision 9 shall apply to state plan services under Title XIX
of the Social Security Act when federal approval is granted under a 1915(i)
waiver or other authority which allows children eligible for medical assistance
through the TEFRA option under section 256B.055, subdivision 12, to qualify and
includes children eligible for medical assistance in families over 150 percent
of the federal poverty guidelines.
EFFECTIVE DATE. Subdivisions 1 to 7 and 9, are effective upon
federal approval consistent with subdivision 11, but no earlier than
March 1, 2014. Subdivisions 8, 10, and
11 are effective July 1, 2013.
Sec. 15. Minnesota Statutes 2012, section 256B.095, is amended to read:
256B.095
QUALITY ASSURANCE SYSTEM ESTABLISHED.
(a) Effective July 1, 1998, a quality assurance
system for persons with developmental disabilities, which includes an
alternative quality assurance licensing system for programs, is established in
Dodge, Fillmore, Freeborn, Goodhue, Houston, Mower, Olmsted, Rice, Steele,
Wabasha, and Winona Counties for the purpose of improving the quality of
services provided to persons with developmental disabilities. A county, at its option, may choose to have
all programs for persons with developmental disabilities located within the
county licensed under chapter 245A using standards determined under the
alternative quality assurance licensing system or may continue regulation of
these programs under the licensing system operated by the commissioner. The project expires on June 30, 2014.
(b) Effective July 1, 2003, a county not listed in paragraph (a) may apply to participate in the quality assurance system established under paragraph (a). The commission established under section 256B.0951 may, at its option, allow additional counties to participate in the system.
(c) Effective July 1, 2003, any county or group of counties not listed in paragraph (a) may establish a quality assurance system under this section. A new system established under this section shall have the same rights and duties as the system established under paragraph (a). A new system shall be governed by a commission under section 256B.0951. The commissioner shall appoint the initial commission members based on recommendations from advocates, families, service providers, and counties in the geographic area included in the new system. Counties that choose to participate in a new system shall have the duties assigned under section 256B.0952. The new system shall establish a quality assurance process under section 256B.0953. The provisions of section 256B.0954 shall apply to a new system established under this paragraph. The commissioner shall delegate authority to a new system established under this paragraph according to section 256B.0955.
(d) Effective July 1, 2007, the quality assurance system may be expanded to include programs for persons with disabilities and older adults.
(e) Effective July 1, 2013, a provider
of service located in a county listed in paragraph (a) that is a non-opted-in
county may opt in to the quality assurance system provided the county where
services are provided indicates its agreement with a county with a delegation
agreement with the Department of Human Services.
EFFECTIVE
DATE. This section is
effective July 1, 2013.
Sec. 16. Minnesota Statutes 2012, section 256B.0951, subdivision 1, is amended to read:
Subdivision 1. Membership. The Quality Assurance Commission is
established. The commission consists of
at least 14 but not more than 21 members as follows: at least three but not more than five members
representing advocacy organizations; at least three but not more than five
members representing consumers, families, and their legal representatives; at
least three but not more than five members representing service providers; at
least three but not more than five members representing counties; and the
commissioner of human services or the commissioner's designee. The first commission shall establish
membership guidelines for the transition and recruitment of membership for the
commission's ongoing existence. Members
of the commission who do not receive a salary or wages from an employer for
time spent on commission duties may receive a per diem payment when performing
commission duties and functions. All
members may be reimbursed for expenses related to commission activities. Notwithstanding the provisions of section
15.059, subdivision 5, the commission expires on June 30, 2014.
Sec. 17. Minnesota Statutes 2012, section 256B.0951, subdivision 4, is amended to read:
Subd. 4. Commission's
authority to recommend variances of licensing standards. The commission may recommend to the
commissioners of human services and health variances from the standards
governing licensure of programs for persons with developmental
disabilities in order to improve the quality of services by implementing an
alternative developmental disabilities licensing system if the
commission determines that the alternative licensing system does not adversely
affect the health or safety of persons being served by the licensed program nor
compromise the qualifications of staff to provide services.
Sec. 18. Minnesota Statutes 2012, section 256B.0952, subdivision 1, is amended to read:
Subdivision 1. Notification. Counties or providers shall give notice to the commission and commissioners of human services and health of intent to join the alternative quality assurance licensing system. A county or provider choosing to participate in the alternative quality assurance licensing system commits to participate for three years.
Sec. 19. Minnesota Statutes 2012, section 256B.0952, subdivision 5, is amended to read:
Subd. 5. Quality
assurance teams. Quality assurance
teams shall be comprised of county staff; providers; consumers, families, and
their legal representatives; members of advocacy organizations; and other
involved community members. Team members
must satisfactorily complete the training program approved by the commission
and must demonstrate performance-based competency. Team members are not considered to be county employees
for purposes of workers' compensation, unemployment insurance, or state
retirement laws solely on the basis of participation on a quality assurance
team. The county may pay A per
diem may be paid to team members for time spent on alternative quality
assurance process matters. All team
members may be reimbursed for expenses related to their participation in the
alternative process.
Sec. 20. Minnesota Statutes 2012, section 256B.0955, is amended to read:
256B.0955
DUTIES OF THE COMMISSIONER OF HUMAN SERVICES.
(a) Effective July 1, 1998, the
commissioner of human services shall delegate authority to perform licensing
functions and activities, in accordance with section 245A.16, to counties
participating in the alternative quality assurance licensing system. The commissioner shall not license or
reimburse a facility, program, or service for persons with developmental
disabilities in a county that participates in the alternative quality assurance
licensing system if the commissioner has received from the appropriate county
notification that the facility, program, or service has been reviewed by a
quality assurance team and has failed to qualify for licensure.
(b) The commissioner may conduct random licensing inspections based on outcomes adopted under section 256B.0951 at facilities, programs, and services governed by the alternative quality assurance licensing system. The role of such random inspections shall be to verify that the alternative quality assurance licensing system protects the safety and well-being of consumers and maintains the availability of high-quality services for persons with developmental disabilities.
EFFECTIVE
DATE. This section is
effective July 1, 2013.
Sec. 21. Minnesota Statutes 2012, section 256B.097, subdivision 1, is amended to read:
Subdivision 1. Scope. (a) In order to improve the quality of services provided to Minnesotans with disabilities and to meet the requirements of the federally approved home and community-based waivers under section 1915c of the Social Security Act, a State Quality Assurance, Quality Improvement, and Licensing System for Minnesotans receiving disability services is enacted. This system is a partnership between the Department of Human Services and the State Quality Council established under subdivision 3.
(b) This system is a result of the recommendations from the Department of Human Services' licensing and alternative quality assurance study mandated under Laws 2005, First Special Session chapter 4, article 7, section 57, and presented to the legislature in February 2007.
(c) The disability services eligible under this section include:
(1) the home and community-based services waiver programs for persons with developmental disabilities under section 256B.092, subdivision 4, or section 256B.49, including brain injuries and services for those who qualify for nursing facility level of care or hospital facility level of care and any other services licensed under chapter 245D;
(2) home care services under section 256B.0651;
(3) family support grants under section 252.32;
(4) consumer support grants under section 256.476;
(5) semi-independent living services under section 252.275; and
(6) services provided through an intermediate care facility for the developmentally disabled.
(d) For purposes of this section, the following definitions apply:
(1) "commissioner" means the commissioner of human services;
(2) "council" means the State Quality Council under subdivision 3;
(3) "Quality Assurance Commission" means the commission under section 256B.0951; and
(4) "system" means the State Quality Assurance, Quality Improvement and Licensing System under this section.
Sec. 22. Minnesota Statutes 2012, section 256B.097, subdivision 3, is amended to read:
Subd. 3. State Quality Council. (a) There is hereby created a State Quality Council which must define regional quality councils, and carry out a community-based, person-directed quality review component, and a comprehensive system for effective incident reporting, investigation, analysis, and follow-up.
(b) By August 1, 2011, the commissioner of human services shall appoint the members of the initial State Quality Council. Members shall include representatives from the following groups:
(1) disability service recipients and their family members;
(2) during the first two four
years of the State Quality Council, there must be at least three members from
the Region 10 stakeholders. As regional
quality councils are formed under subdivision 4, each regional quality council
shall appoint one member;
(3) disability service providers;
(4) disability advocacy groups; and
(5) county human services agencies and staff from the Department of Human Services and Ombudsman for Mental Health and Developmental Disabilities.
(c) Members of the council who do not receive a salary or wages from an employer for time spent on council duties may receive a per diem payment when performing council duties and functions.
(d) The State Quality Council shall:
(1) assist the Department of Human Services in fulfilling federally mandated obligations by monitoring disability service quality and quality assurance and improvement practices in Minnesota;
(2) establish state quality improvement priorities with methods for achieving results and provide an annual report to the legislative committees with jurisdiction over policy and funding of disability services on the outcomes, improvement priorities, and activities undertaken by the commission during the previous state fiscal year;
(3) identify issues pertaining to financial and personal risk that impede Minnesotans with disabilities from optimizing choice of community-based services; and
(4)
recommend to the chairs and ranking minority members of the legislative
committees with jurisdiction over human services and civil law by January 15, 2013
2014, statutory and rule changes related to the findings under clause
(3) that promote individualized service and housing choices balanced with
appropriate individualized protection.
(e) The State Quality Council, in partnership with the commissioner, shall:
(1)
approve and direct implementation of the community-based, person-directed
system established in this section;
(2) recommend an appropriate method of funding this system, and determine the feasibility of the use of Medicaid, licensing fees, as well as other possible funding options;
(3) approve measurable outcomes in the areas of health and safety, consumer evaluation, education and training, providers, and systems;
(4) establish variable licensure periods not to exceed three years based on outcomes achieved; and
(5) in cooperation with the Quality
Assurance Commission, design a transition plan for licensed providers from
Region 10 into the alternative licensing system by July 1, 2013.
(f) The State Quality Council shall notify the commissioner of human services that a facility, program, or service has been reviewed by quality assurance team members under subdivision 4, paragraph (b), clause (13), and qualifies for a license.
(g) The State Quality Council, in partnership with the commissioner, shall establish an ongoing review process for the system. The review shall take into account the comprehensive nature of the system which is designed to evaluate the broad spectrum of licensed and unlicensed entities that provide services to persons with disabilities. The review shall address efficiencies and effectiveness of the system.
(h) The State Quality Council may recommend to the commissioner certain variances from the standards governing licensure of programs for persons with disabilities in order to improve the quality of services so long as the recommended variances do not adversely affect the health or safety of persons being served or compromise the qualifications of staff to provide services.
(i) The safety standards, rights, or procedural protections referenced under subdivision 2, paragraph (c), shall not be varied. The State Quality Council may make recommendations to the commissioner or to the legislature in the report required under paragraph (c) regarding alternatives or modifications to the safety standards, rights, or procedural protections referenced under subdivision 2, paragraph (c).
(j) The State Quality Council may hire staff to perform the duties assigned in this subdivision.
Sec. 23. Minnesota Statutes 2012, section 256B.431, subdivision 44, is amended to read:
Subd. 44. Property
rate increase increases for a facility in Bloomington
effective November 1, 2010 certain nursing facilities. (a) Notwithstanding any other law
to the contrary, money available for moratorium projects under section
144A.073, subdivision 11, shall be used, effective November 1, 2010, to fund an
approved moratorium exception project for a nursing facility in Bloomington
licensed for 137 beds as of November 1, 2010, up to a total property rate
adjustment of $19.33.
(b) Effective June 1, 2012, any
nursing facility in McLeod County licensed for 110 beds shall have its
replacement-cost-new limit under subdivision 17e adjusted to allow $1,129,463
of a completed construction project to increase the property payment rate. Notwithstanding any other law to the
contrary, money available under section 144A.073, subdivision 11, after the
completion of the moratorium exception approval process in 2013 under section
144A.073, subdivision 3, shall be used to reduce the fiscal impact to the
medical assistance budget for the increase in the replacement-cost-new limit.
(c) Effective July 1, 2012, any nursing
facility in Dakota County licensed for 61 beds shall have their
replacement-cost-new limit under subdivision 17e adjusted to allow $1,407,624
of a completed construction project to increase their property payment rate. Effective September 1, 2013, or later, their
replacement-cost-new limit under subdivision 17e shall be adjusted to allow
$1,244,599 of a completed construction project to increase the property payment
rate. Notwithstanding any other law to
the contrary, money available under section 144A.073, subdivision 11, after the
completion of the moratorium exception approval process in 2013 under section
144A.073, subdivision 3, shall be used to reduce the fiscal impact to the
medical assistance budget for the increase in the replacement-cost-new limit.
(d) Effective July 1, 2013, or later, any
boarding care facility in Hennepin County licensed for 101 beds shall be
allowed to receive a property rate adjustment for a construction project that
takes action to come into compliance with Minnesota Department of Labor and
Industry elevator upgrade requirements, with costs below the minimum threshold
under subdivision 16. Only costs related
to the construction project that brings the facility into compliance with the
elevator requirements shall be allowed. Notwithstanding
any other law to the contrary, money available under section 144A.073,
subdivision 11, after the completion of the moratorium exception approval
process in 2013 under section 144A.073, subdivision 3, shall be used to reduce
the fiscal impact to the medical assistance program.
EFFECTIVE
DATE. Paragraph (b) is
effective retroactively from June 1, 2012.
Paragraph (c) is effective retroactively from July 1, 2012.
Sec. 24. Minnesota Statutes 2012, section 256B.434, subdivision 4, is amended to read:
Subd. 4. Alternate rates for nursing facilities. (a) For nursing facilities which have their payment rates determined under this section rather than section 256B.431, the commissioner shall establish a rate under this subdivision. The nursing facility must enter into a written contract with the commissioner.
(b) A nursing facility's case mix payment rate for the first rate year of a facility's contract under this section is the payment rate the facility would have received under section 256B.431.
(c) A nursing facility's case mix payment
rates for the second and subsequent years of a facility's contract under this
section are the previous rate year's contract payment rates plus an inflation
adjustment and, for facilities reimbursed under this section or section 256B.431,
an adjustment to include the cost of any increase in Health Department
licensing fees for the facility taking effect on or after July 1, 2001. The index for the inflation adjustment must
be based on the change in the Consumer Price Index-All Items (United States
City average) (CPI-U) forecasted by the commissioner of management and budget's
national economic consultant, as forecasted in the fourth quarter of the
calendar year preceding the rate year. The
inflation adjustment must be based on the 12-month period from the midpoint of
the previous rate year to the midpoint of the rate year for which the rate is
being determined. For the rate years beginning on July 1, 1999,
July 1, 2000, July 1, 2001, July 1, 2002, July 1, 2003, July 1, 2004,
July 1, 2005, July 1, 2006, July 1, 2007, July 1, 2008, October 1, 2009, and
October 1, 2010, this paragraph shall apply only to the property-related
payment rate. For the rate years
beginning on October 1, 2011, and October 1, 2012, October 1, 2013,
October 1, 2014, October 1, 2015, and October 1, 2016, the rate adjustment
under this paragraph shall be suspended.
Beginning in 2005, adjustment to the property payment rate under this
section and section 256B.431 shall be effective on October 1. In determining the amount of the
property-related payment rate adjustment under this paragraph, the commissioner
shall determine the proportion of the facility's rates that are
property-related based on the facility's most recent cost report.
(d) The commissioner shall develop additional incentive-based payments of up to five percent above a facility's operating payment rate for achieving outcomes specified in a contract. The commissioner may solicit contract amendments and implement those which, on a competitive basis, best meet the state's policy objectives. The commissioner shall limit the amount of any incentive payment and the number of contract amendments under this paragraph to operate the incentive payments within funds appropriated for this purpose. The contract amendments may specify various levels of payment for various levels of performance. Incentive payments to facilities under this paragraph may be in the form of time-limited rate adjustments or onetime supplemental payments. In establishing the specified outcomes and related criteria, the commissioner shall consider the following state policy objectives:
(1) successful diversion or discharge of residents to the residents' prior home or other community-based alternatives;
(2) adoption of new technology to improve quality or efficiency;
(3) improved quality as measured in the Nursing Home Report Card;
(4) reduced acute care costs; and
(5) any additional outcomes proposed by a nursing facility that the commissioner finds desirable.
(e) Notwithstanding the threshold in section 256B.431, subdivision 16, facilities that take action to come into compliance with existing or pending requirements of the life safety code provisions or federal regulations governing sprinkler systems must receive reimbursement for the costs associated with compliance if all of the following conditions are met:
(1) the
expenses associated with compliance occurred on or after January 1, 2005, and
before December 31, 2008;
(2) the costs were not otherwise reimbursed under subdivision 4f or section 144A.071 or 144A.073; and
(3) the total allowable costs reported under this paragraph are less than the minimum threshold established under section 256B.431, subdivision 15, paragraph (e), and subdivision 16.
The commissioner shall use money appropriated for this purpose to provide to qualifying nursing facilities a rate adjustment beginning October 1, 2007, and ending September 30, 2008. Nursing facilities that have spent money or anticipate the need to spend money to satisfy the most recent life safety code requirements by (1) installing a sprinkler system or (2) replacing all or portions of an existing sprinkler system may submit to the commissioner by June 30, 2007, on a form provided by the commissioner the actual costs of a completed project or the estimated costs, based on a project bid, of a planned project. The commissioner shall calculate a rate adjustment equal to the allowable costs of the project divided by the resident days reported for the report year ending September 30, 2006. If the costs from all projects exceed the appropriation for this purpose, the commissioner shall allocate the money appropriated on a pro rata basis to the qualifying facilities by reducing the rate adjustment determined for each facility by an equal percentage. Facilities that used estimated costs when requesting the rate adjustment shall report to the commissioner by January 31, 2009, on the use of this money on a form provided by the commissioner. If the nursing facility fails to provide the report, the commissioner shall recoup the money paid to the facility for this purpose. If the facility reports expenditures allowable under this subdivision that are less than the amount received in the facility's annualized rate adjustment, the commissioner shall recoup the difference.
Sec. 25. Minnesota Statutes 2012, section 256B.434, is amended by adding a subdivision to read:
Subd. 19a. Nursing
facility rate adjustments beginning September 1, 2013. A total of a five percent average rate
adjustment shall be provided as described under this subdivision and under
section 256B.441, subdivision 46b.
(a) Beginning September 1, 2013, the commissioner shall make available to each nursing facility reimbursed under this section a 3.75 percent operating payment rate increase, in accordance with paragraphs (b) to (g).
(b) Seventy-five percent of the money
resulting from the rate adjustment under paragraph (a) must be used for
increases in compensation-related costs for employees directly employed by the
nursing facility on or after the effective date of the rate adjustment, except:
(1) the administrator;
(2) persons employed in the central
office of a corporation that has an ownership interest in the nursing facility
or exercises control over the nursing facility; and
(3) persons paid by the nursing
facility under a management contract.
(c) The commissioner shall allow as
compensation-related costs all costs for:
(1) wage and salary increases effective after May 25, 2013;
(2) the employer's share of FICA taxes,
Medicare taxes, state and federal unemployment taxes, and workers'
compensation;
(3) the employer's share of health and dental insurance, life insurance, disability insurance, long-term care insurance, uniform allowance, and pensions; and
(4) other benefits provided and workforce needs, including the recruiting and training of employees, subject to the approval of the commissioner.
(d) The portion of the rate adjustment under paragraph (a) that is not subject to the requirements of paragraph (b) shall be provided to nursing facilities effective September 1, 2013. Nursing facilities may apply for the portion of the rate adjustment under paragraph (a) that is subject to the requirements in paragraph (b). The application must be submitted to the commissioner within six months of the effective date of the rate adjustment, and the nursing facility must provide additional information required by the commissioner within nine months of the effective date of the rate adjustment. The commissioner must respond to all applications within three weeks of receipt. The commissioner may waive the deadlines in this paragraph under extraordinary circumstances, to be determined at the sole discretion of the commissioner. The application must contain:
(1) an estimate of the amounts of money
that must be used as specified in paragraph (b);
(2) a detailed distribution plan
specifying the allowable compensation-related increases the nursing facility
will implement to use the funds available in clause (1);
(3) a description of how the nursing
facility will notify eligible employees of the contents of the approved
application, which must provide for giving each eligible employee a copy of the
approved application, excluding the information required in clause (1), or
posting a copy of the approved application, excluding the information required
in clause (1), for a period of at least six weeks in an area of the nursing
facility to which all eligible employees have access; and
(4) instructions for employees who
believe they have not received the compensation-related increases specified in
clause (2), as approved by the commissioner, and which must include a mailing
address, e-mail address, and the telephone number that may be used by the
employee to contact the commissioner or the commissioner's representative.
(e) The commissioner shall
ensure that cost increases in distribution plans under paragraph (d), clause
(2), that may be included in approved applications, comply with the following
requirements:
(1) a portion of the costs resulting from tenure-related wage or salary increases may be considered to be allowable wage increases, according to formulas that the commissioner shall provide, where employee retention is above the average statewide rate of retention of direct-care employees;
(2) the annualized amount of increases in costs for the employer's share of health and dental insurance, life insurance, disability insurance, and workers' compensation shall be allowable compensation-related increases if they are effective on or after April 1, 2013, and prior to April 1, 2014; and
(3) for nursing facilities in which employees are represented by an exclusive bargaining representative, the commissioner shall approve the application only upon receipt of a letter of acceptance of the distribution plan, in regard to members of the bargaining unit, signed by the exclusive bargaining agent, and dated after May 25, 2013. Upon receipt of the letter of acceptance, the commissioner shall deem all requirements of this provision as having been met in regard to the members of the bargaining unit.
(f) The commissioner shall review
applications received under paragraph (d) and shall provide the portion of the
rate adjustment under paragraph (b) if the requirements of this statute have
been met. The rate adjustment shall be
effective September 1, 2013. Notwithstanding
paragraph (a), if the approved application distributes less money than is
available, the amount of the rate adjustment shall be reduced so that the
amount of money made available is equal to the amount to be distributed.
(g) The increase in this subdivision
shall be applied as a percentage to operating payment rates in effect on August
31, 2013. For each facility, the
commissioner shall determine the operating payment rate, not including any rate
components resulting from equitable cost-sharing for publicly owned nursing
facility program participation under section 256B.441, subdivision 55a,
critical access nursing facility program participation under section 256B.441,
subdivision 63, or performance-based incentive payment program participation
under subdivision 4, paragraph (d), for a RUG class with a weight of 1.00 in
effect on August 31, 2013.
Sec. 26. Minnesota Statutes 2012, section 256B.434, is amended by adding a subdivision to read:
Subd. 19b. Nursing
facility rate adjustments beginning October 1, 2015. A total of a 3.2 percent average rate
adjustment shall be provided as described under this subdivision and under
section 256B.441, subdivision 46c.
(a) Beginning October 1, 2015, the
commissioner shall make available to each nursing facility reimbursed under
this section a 2.4 percent operating payment rate increase, in accordance with
paragraphs (b) to (g).
(b) Seventy-five percent of the money
resulting from the rate adjustment under paragraph (a) must be used for
increases in compensation-related costs for employees directly employed by the
nursing facility on or after the effective date of the rate adjustment, except:
(1) the administrator;
(2) persons employed in the central office of a corporation that has an ownership interest in the nursing facility or exercises control over the nursing facility; and
(3) persons paid by the nursing facility under a management contract.
(c) The commissioner shall allow as compensation-related costs all costs for:
(1) wage and salary increases effective after May 25, 2015;
(2) the employer's share of FICA taxes,
Medicare taxes, state and federal unemployment taxes, and workers'
compensation;
(3) the employer's share of health and
dental insurance, life insurance, disability insurance, long-term care
insurance, uniform allowance, and pensions; and
(4) other benefits provided and
workforce needs, including the recruiting and training of employees, subject to
the approval of the commissioner.
(d) The portion of the rate adjustment
under paragraph (a) that is not subject to the requirements of paragraph (b)
shall be provided to nursing facilities effective October 1, 2015. Nursing facilities may apply for the portion
of the rate adjustment under paragraph (a) that is subject to the requirements
in paragraph (b). The application must
be submitted to the commissioner within six months of the effective date of the
rate adjustment, and the nursing facility must provide additional information
required by the commissioner within nine months of the effective date of the
rate adjustment. The commissioner must
respond to all applications within three weeks of receipt. The commissioner may waive the deadlines in
this paragraph under extraordinary circumstances, to be determined at the sole
discretion of the commissioner. The
application must contain:
(1) an estimate of the amounts of money
that must be used as specified in paragraph (b);
(2) a detailed distribution plan specifying the allowable compensation-related increases the nursing facility will implement to use the funds available in clause (1);
(3) a description of how the nursing facility will notify eligible employees of the contents of the approved application, which must provide for giving each eligible employee a copy of the approved application, excluding the information required in clause (1), or posting a copy of the approved application, excluding the information required in clause (1), for a period of at least six weeks in an area of the nursing facility to which all eligible employees have access; and
(4) instructions for employees who believe they have not received the compensation-related increases specified in clause (2), as approved by the commissioner, and which must include a mailing address, e-mail address, and the telephone number that may be used by the employee to contact the commissioner or the commissioner's representative.
(e) The commissioner shall ensure that
cost increases in distribution plans under paragraph (d), clause (2), that may
be included in approved applications, comply with the following requirements:
(1) a portion of the costs resulting
from tenure-related wage or salary increases may be considered to be allowable
wage increases, according to formulas that the commissioner shall provide,
where employee retention is above the average statewide rate of retention of
direct-care employees;
(2) the annualized amount of increases in costs for the employer's share of health and dental insurance, life insurance, disability insurance, and workers' compensation shall be allowable compensation-related increases if they are effective on or after April 1, 2015, and prior to April 1, 2016; and
(3) for nursing facilities in which employees are represented by an exclusive bargaining representative, the commissioner shall approve the application only upon receipt of a letter of acceptance of the distribution plan, in regard to members of the bargaining unit, signed by the exclusive bargaining agent and dated after May 25, 2015.
Upon receipt of the letter of acceptance, the commissioner shall deem all requirements of this provision as having been met in regard to the members of the bargaining unit.
(f) The commissioner shall review
applications received under paragraph (d) and shall provide the portion of the
rate adjustment under paragraph (b) if the requirements of this statute have
been met. The rate adjustment shall be
effective October 1, 2015. Notwithstanding
paragraph (a), if the approved application distributes less money than is
available, the amount of the rate adjustment shall be reduced so that the
amount of money made available is equal to the amount to be distributed.
(g) The increase in this subdivision
shall be applied as a percentage to operating payment rates in effect on
September 30, 2015. For each facility,
the commissioner shall determine the operating payment rate, not including any
rate components resulting from equitable cost-sharing for publicly owned
nursing facility program participation under section 256B.441, subdivision 55a,
critical access nursing facility program participation under section 256B.441,
subdivision 63, or performance-based incentive payment program participation
under subdivision 4, paragraph (d), for a RUG class with a weight of 1.00 in
effect on September 30, 2015.
Sec. 27. Minnesota Statutes 2012, section 256B.437, subdivision 6, is amended to read:
Subd. 6. Planned closure rate adjustment. (a) The commissioner of human services shall calculate the amount of the planned closure rate adjustment available under subdivision 3, paragraph (b), for up to 5,140 beds according to clauses (1) to (4):
(1) the amount available is the net reduction of nursing facility beds multiplied by $2,080;
(2) the total number of beds in the nursing facility or facilities receiving the planned closure rate adjustment must be identified;
(3) capacity days are determined by multiplying the number determined under clause (2) by 365; and
(4) the planned closure rate adjustment is the amount available in clause (1), divided by capacity days determined under clause (3).
(b) A planned closure rate adjustment under
this section is effective on the first day of the month following completion of
closure of the facility designated for closure in the application and becomes
part of the nursing facility's total operating external fixed
payment rate.
(c) Applicants may use the planned
closure rate adjustment to allow for a property payment for a new nursing
facility or an addition to an existing nursing facility or as an operating
payment rate adjustment. Applications
approved under this subdivision are exempt from other requirements for
moratorium exceptions under section 144A.073, subdivisions 2 and 3.
(d) (c) Upon the request of a
closing facility, the commissioner must allow the facility a closure rate
adjustment as provided under section 144A.161, subdivision 10.
(e) (d) A facility that has
received a planned closure rate adjustment may reassign it to another facility
that is under the same ownership at any time within three years of its
effective date. The amount of the
adjustment shall be computed according to paragraph (a).
(f) (e) If the per bed dollar
amount specified in paragraph (a), clause (1), is increased, the commissioner
shall recalculate planned closure rate adjustments for facilities that
delicense beds under this section on or after July 1, 2001, to reflect the
increase in the per bed dollar amount. The
recalculated planned closure rate adjustment shall be effective from the date
the per bed dollar amount is increased.
(g) (f) For planned closures approved after June 30, 2009, the commissioner of human services shall calculate the amount of the planned closure rate adjustment available under subdivision 3, paragraph (b), according to paragraph (a), clauses (1) to (4).
(h) Beginning (g) Between
July 16, 2011, and June 30, 2013, the commissioner shall no longer
not accept applications for planned closure rate adjustments under subdivision
3.
Sec. 28. Minnesota Statutes 2012, section 256B.439, subdivision 1, is amended to read:
Subdivision 1. Development
and implementation of quality profiles. (a)
The commissioner of human services, in cooperation with the commissioner of
health, shall develop and implement a quality profile system profiles
for nursing facilities and, beginning not later than July 1, 2004, other
providers of long-term care services 2014, for home and community-based
services providers, except when the quality profile system would duplicate
requirements under section 256B.5011, 256B.5012, or 256B.5013. For purposes of this section, home and
community-based services providers are defined as providers of home and
community-based services under sections 256B.0913, 256B.0915, 256B.092, and
256B.49, and intermediate care facilities for persons with developmental
disabilities providers under section 256B.5013.
To the extent possible, quality profiles must be developed for providers
of services to older adults and people with disabilities, regardless of payor
source, for the purposes of providing information to consumers. The system quality profiles must
be developed and implemented to the extent possible without the collection
of significant amounts of new data. To
the extent possible, the system using existing data sets maintained by
the commissioners of health and human services to the extent possible. The profiles must incorporate or be
coordinated with information on quality maintained by area agencies on aging,
long-term care trade associations, the ombudsman offices, counties, tribes,
health plans, and other entities and the long-term care database
maintained under section 256.975, subdivision 7. The system profiles must be
designed to provide information on quality to:
(1) consumers and their families to facilitate informed choices of service providers;
(2) providers to enable them to measure the results of their quality improvement efforts and compare quality achievements with other service providers; and
(3) public and private purchasers of long-term care services to enable them to purchase high-quality care.
(b) The system profiles must
be developed in consultation with the long-term care task force, area agencies
on aging, and representatives of consumers, providers, and labor unions. Within the limits of available
appropriations, the commissioners may employ consultants to assist with this
project.
Sec. 29. Minnesota Statutes 2012, section 256B.439, subdivision 2, is amended to read:
Subd. 2. Quality measurement tools for nursing facilities. The commissioners shall identify and apply existing quality measurement tools to:
(1) emphasize quality of care and its relationship to quality of life; and
(2)
address the needs of various users of long-term care services, including, but
not limited to, short-stay residents, persons with behavioral problems, persons
with dementia, and persons who are members of minority groups.
The tools must be identified and applied, to
the extent possible, without requiring providers to supply information beyond current
state and federal requirements.
Sec. 30. Minnesota Statutes 2012, section 256B.439, is amended by adding a subdivision to read:
Subd. 2a. Quality measurement tools for home and community-based services. (a) The commissioners shall identify and apply quality measurement tools to:
(1) emphasize service quality and its relationship to quality of life; and
(2) address the needs of various users
of home and community-based services.
(b) The tools must include, but not be
limited to, surveys of consumers of home and community-based services. The tools must be identified and applied, to
the extent possible, without requiring providers to supply information beyond
state and federal requirements, for purposes of this subdivision.
Sec. 31. Minnesota Statutes 2012, section 256B.439, is amended by adding a subdivision to read:
Subd. 3a. Consumer
surveys for home and community-based services. Following identification of the
quality measurement tool, and within the limits of the appropriation, the
commissioner shall conduct surveys of home and community-based services
consumers to develop quality profiles of providers. To the extent possible, surveys must be
conducted face-to-face by state employees or contractors. At the discretion of the commissioner,
surveys may be conducted by an alternative method. Surveys must be conducted periodically to
update quality profiles of individual service providers.
Sec. 32. Minnesota Statutes 2012, section 256B.439, is amended by adding a subdivision to read:
Subd. 5. Implementation of home and
community-based services performance-based incentive payment program. By April 1, 2014, the commissioner
shall develop incentive-based grants for home and community-based services
providers for achieving outcomes specified in a contract. The commissioner may solicit proposals from
home and community-based services providers and implement those that, on a
competitive basis, best meet the state's policy objectives. The commissioner shall determine the types of
home and community-based services providers that will participate in the
program. The determination of
participating provider types may be revised annually by the commissioner. The commissioner shall limit the amount of
any incentive-based grants and the number of grants under this subdivision to
operate the incentive payments within funds appropriated for this purpose. The grant agreements may specify various
levels of payment for various levels of performance. In establishing the specified outcomes and
related criteria, the commissioner shall consider the following state policy
objectives:
(1) provide more efficient, higher quality services;
(2) encourage home and community-based services providers to innovate;
(3)
equip home and community-based services providers with organizational tools and
expertise to improve their quality;
(4) incentivize home and community-based services providers to invest in better services; and
(5) disseminate successful performance
improvement strategies statewide.
Sec. 33. Minnesota Statutes 2012, section 256B.439, is amended by adding a subdivision to read:
Subd. 6. Calculation of home and community-based services quality score. (a) The commissioner shall determine a quality score for each participating home and community-based services provider using quality measures established in subdivisions 1 and 2a, according to methods determined by the commissioner in consultation with stakeholders and experts. These methods shall be exempt from the rulemaking requirements under chapter 14.
(b) For each quality measure, a
score shall be determined with a maximum number of points available and number
of points assigned as determined by the commissioner using the methodology
established according to this subdivision.
The determination of the quality measures to be used and the methods of
calculating scores may be revised annually be the commissioner.
Sec. 34. Minnesota Statutes 2012, section 256B.439, is amended by adding a subdivision to read:
Subd. 7. Calculation
of home and community-based services quality add-on. Effective July 1, 2015, the
commissioner shall determine the quality add-on payment for participating home
and community-based services providers. The
payment rate for the quality add-on shall be a variable amount based on each
provider's quality score as determined in subdivisions 1 and 2a. The commissioner shall limit the types of
home and community-based services providers that may receive the quality add-on
and the amount of the quality add-on payments to operate the quality add-on
within funds appropriated for this purpose and based on the availability of the
quality measures.
Sec. 35. Minnesota Statutes 2012, section 256B.441, subdivision 44, is amended to read:
Subd. 44. Calculation of a quality score. (a) The commissioner shall determine a quality score for each nursing facility using quality measures established in section 256B.439, according to methods determined by the commissioner in consultation with stakeholders and experts. These methods shall be exempt from the rulemaking requirements under chapter 14.
(b) For each quality measure, a score shall be determined with a maximum number of points available and number of points assigned as determined by the commissioner using the methodology established according to this subdivision. The scores determined for all quality measures shall be totaled. The determination of the quality measures to be used and the methods of calculating scores may be revised annually by the commissioner.
(c) For the initial rate year under the new payment system, the quality measures shall include:
(1) staff turnover;
(2) staff retention;
(3) use of pool staff;
(4) quality indicators from the minimum data set; and
(5) survey deficiencies.
(d) For rate years beginning after
October 1, 2006, when making revisions to the quality measures or method for
calculating scores, the commissioner shall publish the methodology in the State
Register at least 15 months prior to the start of the rate year for which the
revised methodology is to be used for rate-setting purposes. The quality score used to determine payment
rates shall be established for a rate year using data submitted in the
statistical and cost report from the associated reporting year, and using data
from other sources related to a period beginning no more than six months prior
to the associated reporting year Beginning July 1, 2013, the quality
score shall be a value between zero and 100, using data as provided in the
Minnesota nursing home report card, with 50 percent derived from the Minnesota
quality indicators score, 40 percent derived from the resident quality of life
score, and ten percent derived from the state inspection results score.
(e) The commissioner, in cooperation
with the commissioner of health, may adjust the formula in paragraph (d), or
the methodology for computing the total quality score, effective July 1 of any
year beginning in 2014, with five months advance public notice. In changing the formula, the commissioner
shall consider quality measure priorities registered by report card users,
advise of stakeholders, and available research.
Sec. 36. Minnesota Statutes 2012, section 256B.441, is amended by adding a subdivision to read:
Subd. 46b. Calculation of quality add-on, with an average value of 1.25 percent, effective September 1, 2013. (a) The commissioner shall determine quality add-ons to the operating payment rates for each facility. The increase in this subdivision shall be applied as a percentage to operating payment rates in effect on August 31, 2013. For each facility, the commissioner shall determine the operating payment rate, not including any rate components resulting from equitable cost-sharing for publicly owned nursing facility program participation under subdivision 55a, critical access nursing facility program participation under subdivision 63, or performance-based incentive payment program participation under section 256B.434, subdivision 4, paragraph (d), for a RUG class with a weight of 1.00 in effect on August 31, 2013.
(b) For each facility, the commissioner
shall compute a quality factor by subtracting 40 from the most recent quality
score computed under subdivision 44, and then dividing by 60. If the quality factor is less than zero, the
commissioner shall use the value zero.
(c) The quality add-ons shall be the
operating payment rates determined in paragraph (a), multiplied by the quality
factor determined in paragraph (b), and then multiplied by 3.2 percent. The commissioner shall implement the quality
add-ons effective September 1, 2013.
Sec. 37. Minnesota Statutes 2012, section 256B.441, is amended by adding a subdivision to read:
Subd. 46c. Quality
improvement incentive system beginning October 1, 2015. The commissioner shall develop a
quality improvement incentive program in consultation with stakeholders. The annual funding pool available for quality
improvement incentive payments shall be equal to 0.8 percent of all operating
payments, not including any rate components resulting from equitable
cost-sharing for publicly owned nursing facility program participation under
subdivision 55a, critical access nursing facility program participation under
subdivision 63, or performance-based incentive payment program participation
under section 256B.434, subdivision 4, paragraph (d). Beginning October 1, 2015, annual rate
adjustments provided under this subdivision shall be effective for one year,
starting October 1 and ending the following September 30.
Sec. 38. Minnesota Statutes 2012, section 256B.49, subdivision 11a, is amended to read:
Subd. 11a. Waivered services statewide priorities. (a) The commissioner shall establish statewide priorities for individuals on the waiting list for community alternative care, community alternatives for disabled individuals, and brain injury waiver services, as of January 1, 2010. The statewide priorities must include, but are not limited to, individuals who continue to have a need for waiver services after they have maximized the use of state plan services and other funding resources, including natural supports, prior to accessing waiver services, and who meet at least one of the following criteria:
(1) no longer require the intensity of
services provided where they are currently living; or
(2) make a request to move from an
institutional setting.
(b) After the priorities in paragraph
(a) are met, priority must also be given to individuals who meet at least one
of the following criteria:
(1) have unstable living situations due to the age, incapacity, or sudden loss of the primary caregivers;
(2) are moving from an institution due to bed closures;
(3) experience a sudden closure of their current living arrangement;
(4) require protection from confirmed abuse, neglect, or exploitation;
(5) experience a sudden change in need that can no longer be met through state plan services or other funding resources alone; or
(6) meet other priorities established by the department.
(b) (c) When allocating
resources to lead agencies, the commissioner must take into consideration the
number of individuals waiting who meet statewide priorities and the lead
agencies' current use of waiver funds and existing service options. The commissioner has the authority to
transfer funds between counties, groups of counties, and tribes to accommodate
statewide priorities and resource needs while accounting for a necessary base
level reserve amount for each county, group of counties, and tribe.
(c) The commissioner shall evaluate the
impact of the use of statewide priorities and provide recommendations to the
legislature on whether to continue the use of statewide priorities in the
November 1, 2011, annual report required by the commissioner in sections
256B.0916, subdivision 7, and 256B.49, subdivision 21.
Sec. 39. Minnesota Statutes 2012, section 256B.49, subdivision 14, is amended to read:
Subd. 14. Assessment and reassessment. (a) Assessments and reassessments shall be conducted by certified assessors according to section 256B.0911, subdivision 2b. With the permission of the recipient or the recipient's designated legal representative, the recipient's current provider of services may submit a written report outlining their recommendations regarding the recipient's care needs prepared by a direct service employee with at least 20 hours of service to that client. The person conducting the assessment or reassessment must notify the provider of the date by which this information is to be submitted. This information shall be provided to the person conducting the assessment and the person or the person's legal representative and must be considered prior to the finalization of the assessment or reassessment.
(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) 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.
(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 2012, section 256B.49, subdivision 15, is amended to read:
Subd. 15. 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.
(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 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 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 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 and the licensed capacity shall
be reduced accordingly, unless the savings required by the licensed bed closure
reductions under Laws 2011, First Special Session chapter 9, article 7,
sections 1 and 40, paragraph (f), for foster care settings where the physical
location is not the primary residence of the license holder are met through voluntary changes described in section 245A.03,
subdivision 7, paragraph (f) (e), or as provided under paragraph
(a), clauses (3) and (4). 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 July 1, 2013.
Sec. 41. Minnesota Statutes 2012, section 256B.49, is amended by adding a subdivision to read:
Subd. 25. Reduce
avoidable behavioral crisis emergency room admissions, psychiatric inpatient
hospitalizations, and commitments to institutions. (a) Persons receiving home and
community-based services authorized under this section who have two or more
admissions within a calendar year to an emergency room, psychiatric unit, or
institution must receive consultation from a mental health professional as
defined in section 245.462, subdivision 18, or a behavioral professional as
defined in the home and community-based services state plan within 30 days of
discharge. The mental health
professional or behavioral professional must:
(1) conduct a functional assessment of
the crisis incident as defined in section 245D.02, subdivision 11, which led to
the hospitalization with the goal of developing proactive strategies as well as
necessary reactive strategies to reduce the likelihood of future avoidable
hospitalizations due to a behavioral crisis;
(2) use the results of the functional
assessment to amend the coordinated service and support plan in section
245D.02, subdivision 4b, to address the potential need for additional staff
training, increased staffing, access to crisis mobility services, mental health
services, use of technology, and crisis stabilization services in section
256B.0624, subdivision 7; and
(3) identify the need for additional consultation, testing, mental health crisis intervention team services as defined in section 245D.02, subdivision 20, psychotropic medication use and monitoring under section 245D.051, and the frequency and duration of ongoing consultation.
(b) For the purposes of this
subdivision, "institution" includes, but is not limited to, the
Anoka-Metro Regional Treatment Center and the Minnesota Security Hospital.
Sec. 42. Minnesota Statutes 2012, section 256B.49, is amended by adding a subdivision to read:
Subd. 26. Excess
allocations. County and
tribal agencies will be responsible for authorizations in excess of the
allocation made by the commissioner. In
the event a county or tribal agency authorizes in excess of the allocation made
by the commissioner for a given allocation period, the county or tribal agency
must submit a corrective action plan to the commissioner. The plan must state the actions the agency
will take to correct their overspending for the year following the period when
the overspending occurred. Failure to
correct overauthorizations shall result in recoupment of authorizations in
excess of the allocation. Nothing in
this subdivision shall be construed as reducing the county's responsibility to
offer and make available feasible home and community-based options to eligible
waiver recipients within the resources allocated to them for that purpose.
Sec. 43. Minnesota Statutes 2012, section 256B.492, is amended to read:
256B.492
HOME AND COMMUNITY-BASED SETTINGS FOR PEOPLE WITH DISABILITIES.
(a) Individuals receiving services under a home and community-based waiver under section 256B.092 or 256B.49 may receive services in the following settings:
(1) an individual's own home or family home;
(2) a licensed adult foster care setting of up to five people; and
(3) community living settings as defined in section 256B.49, subdivision 23, where individuals with disabilities may reside in all of the units in a building of four or fewer units, and no more than the greater of four or 25 percent of the units in a multifamily building of more than four units, unless required by the Housing Opportunities for Persons with AIDS Program.
(b) The settings in paragraph (a) must not:
(1) be located in a building that is a publicly or privately operated facility that provides institutional treatment or custodial care;
(2) be located in a building on the grounds of or adjacent to a public or private institution;
(3) be a housing complex designed expressly around an individual's diagnosis or disability, unless required by the Housing Opportunities for Persons with AIDS Program;
(4) be segregated based on a disability, either physically or because of setting characteristics, from the larger community; and
(5) have the qualities of an institution which include, but are not limited to: regimented meal and sleep times, limitations on visitors, and lack of privacy. Restrictions agreed to and documented in the person's individual service plan shall not result in a residence having the qualities of an institution as long as the restrictions for the person are not imposed upon others in the same residence and are the least restrictive alternative, imposed for the shortest possible time to meet the person's needs.
(c) The provisions of paragraphs (a) and (b) do not apply to any setting in which individuals receive services under a home and community-based waiver as of July 1, 2012, and the setting does not meet the criteria of this section.
(d) Notwithstanding paragraph (c), a program in Hennepin County established as part of a Hennepin County demonstration project is qualified for the exception allowed under paragraph (c).
(e) The commissioner shall submit an amendment to the waiver plan no later than December 31, 2012.
Sec. 44. Minnesota Statutes 2012, section 256B.493, subdivision 2, is amended to read:
Subd. 2. Planned
closure process needs determination. The
commissioner shall announce and implement a program for planned closure of
adult foster care homes. Planned closure
shall be the preferred method for achieving necessary budgetary savings
required by the licensed bed closure budget reduction in section 245A.03,
subdivision 7, paragraph (d) (c).
If additional closures are required to achieve the necessary savings,
the commissioner shall use the process and priorities in section 245A.03,
subdivision 7, paragraph (d) (c).
Sec. 45. Minnesota Statutes 2012, section 256B.501, is amended by adding a subdivision to read:
Subd. 14. Rate
adjustment for ICF/DD in Cottonwood County.
The commissioner of health shall decertify three beds in an
intermediate care facility for persons with developmental disabilities with 21
certified beds located in Cottonwood County.
The total payment rate shall be $282.62 per bed, per day.
Sec. 46. Minnesota Statutes 2012, section 256B.5012, is amended by adding a subdivision to read:
Subd. 14. Rate
increase effective June 1, 2013. For
rate periods beginning on or after June 1, 2013, the commissioner shall
increase the total operating payment rate for each facility reimbursed under
this section by $7.81 per day. The
increase shall not be subject to any annual percentage increase.
EFFECTIVE
DATE. This section is
effective June 1, 2013.
Sec. 47. Minnesota Statutes 2012, section 256B.5012, is amended by adding a subdivision to read:
Subd. 15. ICF/DD
rate increases effective April 1, 2014.
(a) Notwithstanding subdivision 12, for each facility reimbursed
under this section, for the rate period beginning April 1, 2014, the
commissioner shall increase operating payments equal to one percent of the
operating payment rates in effect on March 31, 2014.
(b) For each facility, the commissioner
shall apply the rate increase based on occupied beds, using the percentage
specified in this subdivision multiplied by the total payment rate, including
the variable rate, but excluding the property-related payment rate in effect on
the preceding date. The total rate
increase shall include the adjustment provided in section 256B.501, subdivision
12.
Sec. 48. Minnesota Statutes 2012, section 256B.69, is amended by adding a subdivision to read:
Subd. 32a. Initiatives
to improve early screening, diagnosis, and treatment of children with autism
spectrum disorder and other developmental conditions. (a) The commissioner shall require
managed care plans and county-based purchasing plans, as a condition of
contract, to implement strategies that facilitate access for young children
between the ages of one and three years to periodic developmental and
social-emotional screenings, as recommended by the Minnesota Interagency
Developmental Screening Task Force, and that those children who do not meet
milestones are provided access to appropriate evaluation and assessment,
including treatment recommendations, expected to improve the child's
functioning, with the goal of meeting milestones by age five.
(b) The following information from
encounter data provided to the commissioner shall be reported on the
department's public Web site for each managed care plan and county-based
purchasing plan annually by July 31 of each year beginning in 2014:
(1) the number of children who received a
diagnostic assessment;
(2) the total number of children ages one
to six with a diagnosis of autism spectrum disorder who received treatments;
(3) the number of children identified
under clause (2) reported by each 12-month age group beginning with age one and
ending with age six; and
(4) the types of treatments provided to
children identified under clause (2) listed by billing code, including the
number of units billed for each child.
(c) The managed care plans and
county-based purchasing plans shall also report on any barriers to providing
screening, diagnosis, and treatment of young children between the ages of one and
three years, any strategies implemented to address those barriers, and make
recommendations on how to measure and report on the effectiveness of the
strategies implemented to facilitate access for young children to provide
developmental and social-emotional screening, diagnosis, and treatment as
described in paragraph (a).
Sec. 49. [256B.85]
COMMUNITY FIRST SERVICES AND SUPPORTS.
Subdivision 1. Basis
and scope. (a) Upon federal
approval, the commissioner shall establish a medical assistance state plan
option for the provision of home and community-based personal assistance
service and supports called "community first services and supports (CFSS)."
(b) CFSS is a participant-controlled
method of selecting and providing services and supports that allows the
participant maximum control of the services and supports. Participants may choose the degree to which
they direct and manage their supports by choosing to have a significant and
meaningful role in the management of services and supports including by
directly employing support workers with the necessary supports to perform that
function.
(c) CFSS is available statewide to
eligible individuals to assist with accomplishing activities of daily living
(ADLs), instrumental activities of daily living (IADLs), and health-related
procedures and tasks through hands-on assistance to accomplish the task or
constant supervision and cueing to accomplish the task; and to assist with
acquiring, maintaining, and enhancing the skills necessary to accomplish ADLs, IADLs,
and health-related procedures and tasks.
CFSS allows payment for certain supports and goods such as environmental
modifications and technology that are intended to replace or decrease the need
for human assistance.
(d) Upon federal approval, CFSS will
replace the personal care assistance program under sections 256.476, 256B.0625,
subdivisions 19a and 19c, and 256B.0659.
Subd. 2. Definitions. (a) For the purposes of this section,
the terms defined in this subdivision have the meanings given.
(b) "Activities of daily
living" or "ADLs" means eating, toileting, grooming, dressing,
bathing, mobility, positioning, and transferring.
(c) "Agency-provider model"
means a method of CFSS under which a qualified agency provides services and
supports through the agency's own employees and policies. The agency must allow the participant to have
a significant role in the selection and dismissal of support workers of their
choice for the delivery of their specific services and supports.
(d) "Behavior" means a description
of a need for services and supports used to determine the home care rating and
additional service units. The presence
of Level I behavior is used to determine the home care rating. "Level I behavior" means physical
aggression towards self or others or destruction of property that requires the
immediate response of another person. If
qualified for a home care rating as described in subdivision 8, additional
service units can be added as described in subdivision 8, paragraph (f), for
the following behaviors:
(1) Level I behavior;
(2) increased vulnerability due to
cognitive deficits or socially inappropriate behavior; or
(3) increased need for assistance for
recipients who are verbally aggressive or resistive to care so that time needed
to perform activities of daily living is increased.
(e) "Complex
health-related needs" means an intervention listed in clauses (1) to (8)
that has been ordered by a physician, and is specified in a community support
plan, including:
(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
(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.
(f) "Community first services and
supports" or "CFSS" means the assistance and supports program
under this section needed for accomplishing activities of daily living,
instrumental activities of daily living, and health-related tasks through
hands-on assistance to accomplish the task or constant supervision and cueing
to accomplish the task, or the purchase of goods as defined in subdivision 7,
paragraph (a), clause (3), that replace the need for human assistance.
(g) "Community first services and
supports service delivery plan" or "service delivery plan" means
a written summary of the services and supports, that is based on the community
support plan identified in section 256B.0911 and coordinated services and
support plan and budget identified in section 256B.0915, subdivision 6, if
applicable, that is determined by the participant to meet the assessed needs,
using a person-centered planning process.
(h) "Critical activities of daily
living" means transferring, mobility, eating, and toileting.
(i) "Dependency" in
activities of daily living means a person requires hands-on assistance or
constant supervision and cueing to accomplish one or more of the activities of
daily living every day or on the days during the week that the activity is
performed; however, a child may not be found to be dependent in an activity of
daily living if, because of the child's age, an adult would either perform the
activity for the child or assist the child with the activity and the assistance
needed is the assistance appropriate for a typical child of the same age.
(j) "Extended CFSS" means
CFSS services and supports under the agency–provider model included in a
service plan through 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 CFSS
services for participants.
(k)
"Financial management services contractor or vendor" means a
qualified organization having a written contract with the department to provide
services necessary to use the budget model under subdivision 13, that include
but are not limited to: participant
education and technical assistance; CFSS service delivery planning and budgeting;
billing, making payments, and monitoring of spending; and assisting the
participant in fulfilling employer-related requirements in accordance with
Section 3504 of the IRS code and the IRS Revenue Procedure 70-6.
(l) "Budget model" means a
service delivery method of CFSS that allows the use of an individualized CFSS
service delivery plan and service budget and provides assistance from the
financial management services contractor to facilitate participant employment
of support workers and the acquisition of supports and goods.
(m) "Health-related procedures and
tasks" means procedures and tasks related to the specific needs of an
individual that can be delegated or assigned by a state-licensed healthcare or
mental health professional and performed by a support worker.
(n) "Instrumental activities of
daily living" means activities related to living independently in the
community, including but not limited to:
meal planning, preparation, and cooking; shopping for food, clothing, or
other essential items; laundry; housecleaning; assistance with medications;
managing finances; communicating needs and preferences during activities;
arranging supports; and assistance with traveling around and participating in
the community.
(o) "Legal
representative" means parent of a minor, a court-appointed guardian, or
another representative with legal authority to make decisions about services
and supports for the participant. Other
representatives with legal authority to make decisions include but are not
limited to a health care agent or an attorney-in-fact authorized through a
health care directive or power of attorney.
(p)
"Medication assistance" means providing verbal or visual reminders to
take regularly scheduled medication, and includes any of the following supports
listed in clauses (1) to (3) and other types of assistance, except that a
support worker may not determine medication dose or time for medication or
inject medications into veins, muscles, or skin:
(1) under the direction of the
participant or the participant's representative, bringing medications to the
participant including medications given through a nebulizer, opening a
container of previously set-up medications, emptying the container into the
participant's hand, opening and giving the medication in the original container
to the participant, or bringing to the participant liquids or food to accompany
the medication;
(2) organizing medications as directed
by the participant or the participant's representative; and
(3) providing verbal or visual
reminders to perform regularly scheduled medications.
(q) "Participant's
representative" means a parent, family member, advocate, or other adult
authorized by the participant to serve as a representative in connection with
the provision of CFSS. This
authorization must be in writing or by another method that clearly indicates
the participant's free choice. The
participant's representative must have no financial interest in the provision
of any services included in the participant's service delivery plan and must be
capable of providing the support necessary to assist the participant in the use
of CFSS. If through the assessment
process described in subdivision 5 a participant is determined to be in need of
a participant's representative, one must be selected. If the participant is unable to assist in the
selection of a participant's representative, the legal representative shall
appoint one. Two persons may be
designated as a participant's representative for reasons such as divided
households and court-ordered custodies. Duties
of a participant's representatives may include:
(1) being available while care is
provided in a method agreed upon by the participant or the participant's legal
representative and documented in the participant's CFSS service delivery plan;
(2) monitoring CFSS services to ensure
the participant's CFSS service delivery plan is being followed; and
(3)
reviewing and signing CFSS time sheets after services are provided to provide
verification of the CFSS services.
(r) "Person-centered planning
process" means a process that is directed by the participant to plan for
services and supports. The
person-centered planning process must:
(1) include people chosen by the
participant;
(2) provide necessary information and
support to ensure that the participant directs the process to the maximum
extent possible, and is enabled to make informed choices and decisions;
(3) be timely and occur at time and
locations of convenience to the participant;
(4) reflect cultural considerations of
the participant;
(5) include strategies for solving
conflict or disagreement within the process, including clear
conflict-of-interest guidelines for all planning;
(6) provide the participant
choices of the services and supports they receive and the staff providing those
services and supports;
(7) include a method for the
participant to request updates to the plan; and
(8) record the alternative home and
community-based settings that were considered by the participant.
(s) "Shared services" means
the provision of CFSS services by the same CFSS support worker to two or three
participants who voluntarily enter into an agreement to receive services at the
same time and in the same setting by the same provider.
(t) "Support specialist"
means a professional with the skills and ability to assist the participant
using either the agency provider model under subdivision 11 or the flexible
spending model under subdivision 13, in services including but not limited to
assistance regarding:
(1) the development, implementation,
and evaluation of the CFSS service delivery plan under subdivision 6;
(2) recruitment, training, or
supervision, including supervision of health-related tasks or behavioral
supports appropriately delegated or assigned by a health care professional, and
evaluation of support workers; and
(3) facilitating the use of informal
and community supports, goods, or resources.
(u) "Support worker" means an
employee of the agency provider or of the participant who has direct contact
with the participant and provides services as specified within the
participant's service delivery plan.
(v) "Wages and benefits"
means the hourly 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, contributions to
employee retirement accounts, or other forms of employee compensation and
benefits.
Subd. 3. Eligibility. (a) CFSS is available to a person who
meets one of the following:
(1) is a recipient of medical
assistance as determined under section 256B.055, 256B.056, or 256B.057,
subdivisions 5 and 9;
(2) is a recipient of the alternative
care program under section 256B.0913;
(3) is a waiver recipient as defined
under section 256B.0915, 256B.092, 256B.093, or 256B.49; or
(4) has medical services identified in
a participant's individualized education program and is eligible for services
as determined in section 256B.0625, subdivision 26.
(b) In addition to meeting the
eligibility criteria in paragraph (a), a person must also meet all of the
following:
(1) require assistance and be
determined dependent in one activity of daily living or Level I behavior based
on assessment under section 256B.0911;
(2) is not a recipient under the family
support grant under section 252.32;
(3) lives in the person's own apartment or home including a family foster care setting licensed under chapter 245A, but not in corporate foster care under chapter 245A; or a noncertified boarding care or boarding and lodging establishments under chapter 157.
Subd. 4. Eligibility
for other services. Selection
of CFSS by a participant must not restrict access to other medically necessary
care and services furnished under the state plan medical assistance benefit or
other services available through alternative care.
Subd. 5. Assessment
requirements. (a) The
assessment of functional need must:
(1)
be conducted by a certified assessor according to the criteria established in
section 256B.0911, subdivision 3a;
(2) be conducted face-to-face,
initially and at least annually thereafter, or when there is a significant
change in the participant's condition or a change in the need for services and
supports; and
(3) be completed using the format
established by the commissioner.
(b) A participant who is residing in a
facility may be assessed and choose CFSS for the purpose of using CFSS to
return to the community as described in subdivisions 3 and 7, paragraph (a),
clause (5).
(c) The results of the assessment and
any recommendations and authorizations for CFSS must be determined and
communicated in writing by the lead agency's certified assessor as defined in
section 256B.0911 to the participant and the agency-provider or financial
management services provider chosen by the participant within 40 calendar days
and must include the participant's right to appeal under section 256.045,
subdivision 3.
(d) The lead agency assessor may
request a temporary authorization for CFSS services. Authorization for a temporary level of CFSS
services is limited to the time specified by the commissioner, but shall not
exceed 45 days. The level of services
authorized under this provision shall have no bearing on a future
authorization.
Subd. 6. Community
first services and support service delivery plan. (a) The CFSS service delivery plan
must be developed, implemented, and evaluated through a person-centered
planning process by the participant, or the participant's representative or legal
representative who may be assisted by a support specialist. The CFSS service delivery plan must reflect
the services and supports that are important to the participant and for the
participant to meet the needs assessed by the certified assessor and identified
in the community support plan under section 256B.0911, subdivision 3, or the
coordinated services and support plan identified in section 256B.0915,
subdivision 6, if applicable. The CFSS
service delivery plan must be reviewed by the participant and the
agency-provider or financial management services contractor at least annually
upon reassessment, or when there is a significant change in the participant's
condition, or a change in the need for services and supports.
(b) The commissioner shall establish
the format and criteria for the CFSS service delivery plan.
(c) The CFSS service delivery plan must
be person-centered and:
(1) specify the agency-provider or
financial management services contractor selected by the participant;
(2) reflect the setting in which the
participant resides that is chosen by the participant;
(3) reflect the participant's strengths
and preferences;
(4)
include the means to address the clinical and support needs as identified
through an assessment of functional needs;
(5) include individually
identified goals and desired outcomes;
(6) reflect the services and supports,
paid and unpaid, that will assist the participant to achieve identified goals,
and the providers of those services and supports, including natural supports;
(7) identify the amount and frequency
of face-to-face supports and amount and frequency of remote supports and
technology that will be used;
(8) identify risk factors and measures
in place to minimize them, including individualized backup plans;
(9) be understandable to the
participant and the individuals providing support;
(10) identify the individual or entity
responsible for monitoring the plan;
(11) be finalized and agreed to in
writing by the participant and signed by all individuals and providers
responsible for its implementation;
(12) be distributed to the participant
and other people involved in the plan; and
(13) prevent the provision of
unnecessary or inappropriate care.
(d) The total units of agency-provider
services or the budget allocation amount for the budget model include both
annual totals and a monthly average amount that cover the number of months of
the service authorization. The amount
used each month may vary, but additional funds must not be provided above the
annual service authorization amount unless a change in condition is assessed
and authorized by the certified assessor and documented in the community
support plan, coordinated services and supports plan, and service delivery
plan.
Subd. 7. Community
first services and supports; covered services. Within the service unit authorization
or budget allocation, services and supports covered under CFSS include:
(1) assistance to accomplish activities
of daily living (ADLs), instrumental activities of daily living (IADLs), and
health-related procedures and tasks through hands-on assistance to accomplish
the task or constant supervision and cueing to accomplish the task;
(2) assistance to acquire, maintain, or
enhance the skills necessary for the participant to accomplish activities of
daily living, instrumental activities of daily living, or health-related tasks;
(3) expenditures for items, services,
supports, environmental modifications, or goods, including assistive technology. These expenditures must:
(i) relate to a need identified in a participant's CFSS service delivery plan;
(ii) increase independence or substitute for human assistance to the extent that expenditures would otherwise be made for human assistance for the participant's assessed needs;
(4) observation
and redirection for behavior or symptoms where there is a need for
assistance. An assessment of behaviors
must meet the criteria in this clause. 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:
(i) physical aggression towards self or
others, or destruction of property that requires the immediate response of
another person;
(ii) increased vulnerability
due to cognitive deficits or socially inappropriate behavior; or
(iii) increased need for assistance for
recipients who are verbally aggressive or resistive to care so that time needed
to perform activities of daily living is increased;
(5) back-up systems or mechanisms, such
as the use of pagers or other electronic devices, to ensure continuity of the
participant's services and supports;
(6) transition costs, including:
(i) deposits for rent and utilities;
(ii) first month's rent and utilities;
(iii) bedding;
(iv) basic kitchen supplies;
(v) other necessities, to the extent
that these necessities are not otherwise covered under any other funding that
the participant is eligible to receive; and
(vi) other required necessities for an
individual to make the transition from a nursing facility, institution for
mental diseases, or intermediate care facility for persons with developmental
disabilities to a community-based home setting where the participant resides;
and
(7) services by a support specialist
defined under subdivision 2 that are chosen by the participant.
Subd. 8. Determination
of CFSS service methodology. (a)
All community first services and supports must be authorized by the
commissioner or the commissioner's designee before services begin, except for
the assessments established in section 256B.0911. The authorization for CFSS must be completed
as soon as possible following an assessment but no later than 40 calendar days
from the date of the assessment.
(b) The amount of CFSS authorized must be based on the recipient's home care rating described in subdivision 8, paragraphs (d) and (e), and any additional service units for which the person qualifies as described in subdivision 8, paragraph (f).
(c) The home care rating shall be
determined by the commissioner or the commissioner's designee based on
information submitted to the commissioner identifying the following for a
recipient:
(1) the total number of dependencies of
activities of daily living as defined in subdivision 2, paragraph (b);
(2) the presence of complex
health-related needs as defined in subdivision 2, paragraph (e); and
(3) the presence of Level I behavior as
defined in subdivision 2, paragraph (d), clause (1).
(d) The methodology to determine the
total service units for CFSS for each home care rating is based on the median
paid units per day for each home care rating from fiscal year 2007 data for the
PCA program.
(e) Each home care rating is designated
by the letters P through Z and EN and has the following base number of service
units assigned:
(i) P home care rating requires
Level 1 behavior or one to three dependencies in ADLs and qualifies one for
five service units;
(ii) Q home care rating requires Level 1 behavior and one to three dependencies in ADLs and qualifies one for six service units;
(iii) R home care rating requires a complex health-related need and one to three dependencies in ADLs and qualifies one for seven service units;
(iv) S home care rating requires four
to six dependencies in ADLs and qualifies one for ten service units;
(v) T home care rating requires four to
six dependencies in ADLs and Level 1 behavior and qualifies one for 11 service
units;
(vi) U home care rating requires four
to six dependencies in ADLs and a complex health need and qualifies one for 14
service units;
(vii) V home care rating requires seven to eight dependencies in ADLs and qualifies one for 17 service units;
(viii) W home care rating requires
seven to eight dependencies in ADLs and Level 1 behavior and qualifies one for
20 service units;
(ix) Z home care rating requires seven
to eight dependencies in ADLs and a complex health related need and qualifies
one for 30 service units; and
(x) EN home care rating includes
ventilator dependency as defined in section 256B.0651, subdivision 1, paragraph
(g). Recipients who meet the definition
of ventilator-dependent and the EN home care rating and utilize a combination
of CFSS and other home care services are limited to a total of 96 service units
per day for those services in combination.
Additional units may be authorized when a recipient's assessment
indicates a need for two staff to perform activities. Additional time is limited to 16 service
units per day.
(f) Additional service units are
provided through the assessment and identification of the following:
(1) 30 additional minutes per day for a
dependency in each critical activity of daily living as defined in subdivision
2, paragraph (h);
(2)
30 additional minutes per day for each complex health-related function as
defined in subdivision 2, paragraph (e); and
(3) 30 additional minutes per day for each behavior issue as defined in subdivision 2, paragraph (d).
Subd. 9. Noncovered
services. (a) Services or
supports that are not eligible for payment under this section include those
that:
(1) are not authorized by the certified
assessor or included in the written service delivery plan;
(2) are provided prior to the
authorization of services and the approval of the written CFSS service delivery
plan;
(3) are duplicative of other paid
services in the written service delivery plan;
(4) supplant natural unpaid
supports that appropriately meet a need in the service plan, are provided
voluntarily to the participant and are selected by the participant in lieu of
other services and supports;
(5) are not effective means to meet the
participant's needs; and
(6) are available through other funding
sources, including, but not limited to, funding through Title IV-E of the
Social Security Act.
(b) Additional services, goods, or
supports that are not covered include:
(1) those that are not for the direct
benefit of the participant, except that services for caregivers such as
training to improve the ability to provide CFSS are considered to directly
benefit the participant if chosen by the participant and approved in the
support plan;
(2) any fees incurred by the
participant, such as Minnesota health care programs fees and co-pays, legal
fees, or costs related to advocate agencies;
(3) insurance, except for insurance
costs related to employee coverage;
(4) room and board costs for the
participant with the exception of allowable transition costs in subdivision 7,
clause (6);
(5) services, supports, or goods that
are not related to the assessed needs;
(6) special education and related
services provided under the Individuals with Disabilities Education Act and
vocational rehabilitation services provided under the Rehabilitation Act of
1973;
(7) assistive technology devices and
assistive technology services other than those for back-up systems or
mechanisms to ensure continuity of service and supports listed in subdivision
7;
(8) medical supplies and equipment;
(9) environmental modifications, except
as specified in subdivision 7;
(10) expenses for travel, lodging, or
meals related to training the participant, the participant's representative,
legal representative, or paid or unpaid caregivers that exceed $500 in a
12-month period;
(11) experimental treatments;
(12) any service or good covered by
other medical assistance state plan services, including prescription and
over-the-counter medications, compounds, and solutions and related fees,
including premiums and co-payments;
(13) membership dues or costs, except
when the service is necessary and appropriate to treat a physical condition or
to improve or maintain the participant's physical condition. The condition must be identified in the
participant's CFSS plan and monitored by a physician enrolled in a Minnesota
health care program;
(14) vacation expenses other than the
cost of direct services;
(15) vehicle maintenance or
modifications not related to the disability, health condition, or physical
need; and
(16) tickets and related costs to
attend sporting or other recreational or entertainment events.
Subd. 10.
(1) enroll as a medical assistance
Minnesota health care programs provider and meet all applicable provider
standards;
(2) comply with medical assistance
provider enrollment requirements;
(3) demonstrate compliance with law and
policies of CFSS as determined by the commissioner;
(4) comply with background study
requirements under chapter 245C;
(5) verify and maintain records of all
services and expenditures by the participant, including hours worked by support
workers and support specialists;
(6) not engage in any agency-initiated
direct contact or marketing in person, by telephone, or other electronic means
to potential participants, guardians, family member, or participants'
representatives;
(7) pay support workers and support
specialists based upon actual hours of services provided;
(8) withhold and pay all applicable
federal and state payroll taxes;
(9) make arrangements and pay
unemployment insurance, taxes, workers' compensation, liability insurance, and
other benefits, if any;
(10) enter into a written agreement with
the participant, participant's representative, or legal representative that
assigns roles and responsibilities to be performed before services, supports,
or goods are provided using a format established by the commissioner;
(11) report maltreatment as required
under sections 626.556 and 626.557; and
(12) provide the participant with a
copy of the service-related rights under subdivision 19 at the start of
services and supports.
Subd. 11. Agency-provider
model. (a) The
agency-provider model is limited to the services provided by support workers
and support specialists who are employed by an agency-provider that is licensed
according to chapter 245A or meets other criteria established by the
commissioner, including required training.
(b) The agency-provider shall allow the
participant to have a significant role in the selection and dismissal of the
support workers for the delivery of the services and supports specified in the
participant's service delivery plan.
(c) A participant may use authorized units
of CFSS services as needed within a service authorization that is not greater
than 12 months. Using authorized units
in a flexible manner in either the agency-provider model or the budget model
does not increase the total amount of services and supports authorized for a
participant or included in the participant's service delivery plan.
(d) A participant may share CFSS
services. Two or three CFSS participants
may share services at the same time provided by the same support worker.
(e)
The agency-provider must use a minimum of 72.5 percent of the revenue generated
by the medical assistance payment for CFSS for support worker wages and
benefits. The agency-provider must
document how this requirement is being met.
The revenue generated by the support specialist and the reasonable costs
associated with the support specialist must not be used in making this
calculation.
(f) The agency-provider model must be
used by individuals who have been restricted by the Minnesota restricted
recipient program under Minnesota Rules, parts 9505.2160 to 9505.2245.
Subd. 12. Requirements
for enrollment of CFSS provider agencies.
(a) All CFSS provider agencies must provide, at the time of
enrollment, reenrollment, and revalidation as a CFSS provider agency in a
format determined by the commissioner, information and documentation that
includes, but is not limited to, the following:
(1)
the CFSS provider agency's current contact information including address,
telephone number, and e-mail address;
(2) proof of surety bond coverage. Upon new enrollment, or if the provider
agency's Medicaid revenue in the previous calendar year is less than or equal
to $300,000, the provider agency must purchase a performance bond of $50,000. If the provider agency's Medicaid revenue in the
previous calendar year is greater than $300,000, the provider agency must
purchase a performance bond of $100,000.
The performance bond must be in a form approved by the commissioner,
must be renewed annually, and must allow for recovery of costs and fees in
pursuing a claim on the bond;
(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 CFSS provider
agency's organization identifying the names or 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 CFSS 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 CFSS
provider agency uses in the course of daily business including, but not limited
to:
(i) a copy of the CFSS provider
agency's time sheet if the time sheet varies from the standard time sheet for
CFSS services approved by the commissioner, and a letter requesting approval of
the CFSS provider agency's nonstandard time sheet; and
(ii) the CFSS provider agency's
template for the CFSS care plan;
(9) a list of all training and classes
that the CFSS provider agency requires of its staff providing CFSS services;
(10) documentation that the CFSS
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 are used or could be
used for providing home care services;
(13) documentation that the agency will use at least the following percentages of revenue generated from the medical assistance rate paid for CFSS services for employee personal care assistant wages and benefits: 72.5 percent of revenue from CFSS providers. The revenue generated by the support specialist and the reasonable costs associated with the support specialist shall not be used in making this calculation; and
(14) 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 CFSS recipient or for another CFSS 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) CFSS provider agencies shall
provide to the commissioner the information specified in paragraph (a).
(c) All CFSS 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. 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 CFSS 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. CFSS provider agency billing staff shall complete training about CFSS program financial management. 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. CFSS provider agencies certified for participation in Medicare as home health agencies are exempt from the training required in this subdivision.
Subd. 13. Budget
model. (a) Under the budget
model participants can exercise more responsibility and control over the
services and supports described and budgeted within the CFSS service delivery plan. Under this model, participants may use their
budget allocation to:
(1) directly employ support workers;
(2) obtain supports and goods as
defined in subdivision 7; and
(3) choose a range of support
assistance services from the financial management services (FMS) contractor
related to:
(i) assistance in managing the budget
to meet the service delivery plan needs, consistent with federal and state laws
and regulations;
(ii) the employment, training,
supervision, and evaluation of workers by the participant;
(iii) acquisition and payment for
supports and goods; and
(iv) evaluation of individual service
outcomes as needed for the scope of the participant's degree of control and
responsibility.
(b) Participants who are unable to
fulfill any of the functions listed in paragraph (a) may authorize a legal
representative or participant's representative to do so on their behalf.
(c) The FMS contractor shall
not provide CFSS services and supports under the agency-provider service model. The FMS contractor shall provide service
functions as determined by the commissioner that include but are not limited
to:
(1) information and consultation about
CFSS;
(2) assistance with the development of
the service delivery plan and budget model as requested by the participant;
(3) billing and making payments for
budget model expenditures;
(4) assisting participants in
fulfilling employer-related requirements according to Internal Revenue Code
Procedure 70-6, section 3504, Agency Employer Tax Liability, regulation 137036-08,
which includes assistance with filing and paying payroll taxes, and obtaining
worker compensation coverage;
(5) data recording and reporting of
participant spending; and
(6) other duties established in the
contract with the department, including with respect to providing assistance to
the participant, participant's representative, or legal representative in
performing their employer responsibilities regarding support workers. The support worker shall not be considered
the employee of the financial management services contractor.
(d) A participant who requests to
purchase goods and supports along with support worker services under the
agency-provider model must use the budget model with a service delivery plan
that specifies the amount of services to be authorized to the agency-provider
and the expenditures to be paid by the FMS contractor.
(e) The FMS contractor shall:
(1) not limit or restrict the
participant's choice of service or support providers or service delivery models
consistent with any applicable state and federal requirements;
(2) provide the participant and the
targeted case manager, if applicable, with a monthly written summary of the
spending for services and supports that were billed against the spending
budget;
(3) be knowledgeable of state and
federal employment regulations, including those under the Fair Labor Standards
Act of 1938, and comply with the requirements under the Internal Revenue
Service Revenue Code Procedure 70-6, Section 35-4, Agency Employer Tax
Liability for vendor or fiscal employer agent, and any requirements necessary
to process employer and employee deductions, provide appropriate and timely
submission of employer tax liabilities, and maintain documentation to support
medical assistance claims;
(4) have current and adequate liability
insurance and bonding and sufficient cash flow as determined by the
commissioner and have on staff or under contract a certified public accountant
or an individual with a baccalaureate degree in accounting;
(5) assume fiscal accountability for
state funds designated for the program; and
(6) maintain documentation of receipts,
invoices, and bills to track all services and supports expenditures for any
goods purchased and maintain time records of support workers. The documentation and time records must be
maintained for a minimum of five years from the claim date and be available for
audit or review upon request by the commissioner. Claims submitted by the FMS contractor to the
commissioner for payment must correspond with services, amounts, and time
periods as authorized in the participant's spending budget and service plan.
(f) The commissioner of human
services shall:
(1) establish rates and payment
methodology for the FMS contractor;
(2) identify a process to ensure quality and performance standards for the FMS contractor and ensure statewide access to FMS contractors; and
(3) establish a uniform protocol for
delivering and administering CFSS services to be used by eligible FMS
contractors.
(g) The commissioner of human services
shall disenroll or exclude participants from the budget model and transfer them
to the agency-provider model under the following circumstances that include but
are not limited to:
(1) when a participant has been
restricted by the Minnesota restricted recipient program, the participant may
be excluded for a specified time period under Minnesota Rules, parts 9505.2160
to 9505.2245;
(2) when a participant exits the budget model during the participant's service plan year. Upon transfer, the participant shall not access the budget model for the remainder of that service plan year; or
(3) when the department determines that
the participant or participant's representative or legal representative cannot
manage participant responsibilities under the budget model. The commissioner must develop policies for
determining if a participant is unable to manage responsibilities under a
budget model.
(h) A participant may appeal under
section 256.045, subdivision 3, in writing to the department to contest the
department's decision under paragraph (c), clause (3), to remove or exclude the
participant from the budget model.
Subd. 14. Participant's
responsibilities under budget model.
(a) A participant using the budget model must use an FMS
contractor or vendor that is under contract with the department. Upon a determination of eligibility and
completion of the assessment and community support plan, the participant shall
choose a FMS contractor from a list of eligible vendors maintained by the
department.
(b) When the participant, participant's
representative, or legal representative chooses to be the employer of the
support worker, they are responsible for the hiring and supervision of the
support worker, including, but not limited to, recruiting, interviewing,
training, scheduling, and discharging the support worker consistent with
federal and state laws and regulations.
(c) In addition to the employer
responsibilities in paragraph (b), the participant, participant's
representative, or legal representative is responsible for:
(1) tracking the services provided and
all expenditures for goods or other supports;
(2) preparing and submitting time sheets, signed by both the participant and support worker, to the FMS contractor on a regular basis and in a timely manner according to the FMS contractor's procedures;
(3) notifying the FMS contractor within
ten days of any changes in circumstances affecting the CFSS service plan or in
the participant's place of residence including, but not limited to, any hospitalization
of the participant or change in the participant's address, telephone number, or
employment;
(4)
notifying the FMS contractor of any changes in the employment status of each
participant support worker; and
(5) reporting any problems resulting from the quality of services rendered by the support worker to the FMS contractor. If the participant is unable to resolve any problems resulting from the quality of service rendered by the support worker with the assistance of the FMS contractor, the participant shall report the situation to the department.
Subd. 15. Documentation
of support services provided. (a)
Support services provided to a participant by a support worker employed by
either an agency-provider or the participant acting as the employer must be
documented daily by each support worker, on a time sheet form approved by the
commissioner. All documentation may be
Web-based, electronic, or paper documentation.
The completed form must be submitted on a monthly basis to the provider
or the participant and the FMS contractor selected by the participant to
provide assistance with meeting the participant's employer obligations and kept
in the recipient's health record.
(b) The activity documentation must
correspond to the written service delivery plan and be reviewed by the agency
provider or the participant and the FMS contractor when the participant is
acting as the employer of the support worker.
(c) The time sheet must be on a form
approved by the commissioner documenting time the support worker provides
services in the home. The following
criteria must be included in the time sheet:
(1) full name of the support worker and
individual provider number;
(2) provider name and telephone
numbers, if an agency-provider is responsible for delivery services under the
written service plan;
(3) full name of the participant;
(4) consecutive dates, including month,
day, and year, and arrival and departure times with a.m. or p.m. notations;
(5) signatures of the participant or
the participant's representative;
(6) personal signature of the support
worker;
(7) any shared care provided, if
applicable;
(8) a statement that it is a federal
crime to provide false information on CFSS billings for medical assistance
payments; and
(9) dates and location of recipient
stays in a hospital, care facility, or incarceration.
Subd. 16. Support
workers requirements. (a)
Support workers shall:
(1) enroll with the department as a
support worker after a background study under chapter 245C has been completed
and the support worker has received a notice from the commissioner that:
(i) the support worker is not
disqualified under section 245C.14; or
(ii) is disqualified, but the support worker has received a set-aside of the disqualification under section 245C.22;
(2) have the ability to effectively
communicate with the participant or the participant's representative;
(3) have the skills and ability
to provide the services and supports according to the person's CFSS service
delivery plan and respond appropriately to the participant's needs;
(4) not be a participant of CFSS,
unless the support services provided by the support worker differ from those
provided to the support worker;
(5) complete the basic 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. Support worker training must include
successful completion of the following training components: basic first aid, vulnerable adult, child
maltreatment, OSHA universal precautions, basic roles and responsibilities of
support workers including information about basic body mechanics, emergency
preparedness, orientation to positive behavioral practices, orientation to
responding to a mental health crisis, fraud issues, time cards and
documentation, and an overview of person-centered planning and self-direction. Upon completion of the training components,
the support worker must pass the certification test to provide assistance to
participants;
(6) complete training and orientation
on the participant's individual needs; and
(7) maintain the privacy and
confidentiality of the participant, and not independently determine the
medication dose or time for medications for the participant.
(b) The commissioner may deny or
terminate a support worker's provider enrollment and provider number if the
support worker:
(1) lacks the skills, knowledge, or
ability to adequately or safely perform the required work;
(2) fails to provide the authorized
services required by the participant employer;
(3) has been intoxicated by alcohol or
drugs while providing authorized services to the participant or while in the
participant's home;
(4) has manufactured or distributed
drugs while providing authorized services to the participant or while in the
participant's home; or
(5) has been excluded as a provider by
the commissioner of human services, or the United States Department of Health
and Human Services, Office of Inspector General, from participation in
Medicaid, Medicare, or any other federal health care program.
(c) A support worker may appeal in
writing to the commissioner to contest the decision to terminate the support
worker's provider enrollment and provider number.
Subd. 17. Support
specialist requirements and payments.
The commissioner shall develop qualifications, scope of
functions, and payment rates and service limits for a support specialist that
may provide additional or specialized assistance necessary to plan, implement,
arrange, augment, or evaluate services and supports.
Subd. 18. Service
unit and budget allocation requirements and limits. (a) For the agency-provider model,
services will be authorized in units of service. The total service unit amount must be
established based upon the assessed need for CFSS services, and must not exceed
the maximum number of units available as determined under subdivision 8.
(b) For the budget model, the budget
allocation allowed for services and supports is established by multiplying the
number of units authorized under subdivision 8 by the payment rate established
by the commissioner.
Subd. 19. Support
system. (a) The commissioner
shall provide information, consultation, training, and assistance to ensure the
participant is able to manage the services and supports and budgets, if
applicable. This support shall include
individual consultation on how to select and employ workers, manage
responsibilities under CFSS, and evaluate personal outcomes.
(b) The commissioner shall provide
assistance with the development of risk management agreements.
Subd. 20. Service-related
rights. (a) Participants must
be provided with adequate information, counseling, training, and assistance, as
needed, to ensure that the participant is able to choose and manage services,
models, and budgets. This support shall
include information regarding:
(1) person-centered planning;
(2) the range and scope of individual
choices;
(3) the process for changing plans,
services and budgets;
(4) the grievance process;
(5) individual rights;
(6) identifying and assessing
appropriate services;
(7) risks and responsibilities; and
(8) risk management.
(b) The commissioner must ensure that
the participant has a copy of the most recent community support plan and
service delivery plan.
(c) A participant who appeals a
reduction in previously authorized CFSS services may continue previously
authorized services pending an appeal in accordance with section 256.045.
(d) If the units of service or budget
allocation for CFSS are reduced, denied, or terminated, the commissioner must
provide notice of the reasons for the reduction in the participant's notice of
denial, termination, or reduction.
(e) If all or part of a service delivery
plan is denied approval, the commissioner must provide a notice that describes
the basis of the denial.
Subd. 21. Development
and Implementation Council. The
commissioner shall establish a Development and Implementation Council of which
the majority of members are individuals with disabilities, elderly individuals,
and their representatives. The
commissioner shall consult and collaborate with the council when developing and
implementing this section for at least the first five years of operation. The commissioner, in consultation with the
council, shall provide recommendations on how to improve the quality and
integrity of CFSS, reduce the paper documentation required in subdivisions 10,
12, and 15, make use of electronic means of documentation and online reporting
in order to reduce administrative costs and improve training to the legislative
chairs of the health and human services policy and finance committees by
February 1, 2014.
Subd. 22. Quality
assurance and risk management system.
(a) The commissioner shall establish quality assurance and risk
management measures for use in developing and implementing CFSS, including
those that (1) recognize the roles and responsibilities of those involved in
obtaining CFSS, and (2) ensure the appropriateness of such plans and budgets
based upon a recipient's resources and capabilities. Risk management measures must include
background studies, and backup and emergency plans, including disaster
planning.
(b) The commissioner shall provide ongoing technical assistance and resource and educational materials for CFSS participants.
(c) Performance assessment measures,
such as a participant's satisfaction with the services and supports, and
ongoing monitoring of health and well-being shall be identified in consultation
with the council established in subdivision 21.
(d) Data reporting requirements will be
developed in consultation with the council established in subdivision 21.
Subd. 23. Commissioner's
access. When the commissioner
is investigating a possible overpayment of Medicaid funds, the commissioner
must be given immediate access without prior notice to the agency provider or
FMS contractor's office during regular business hours and to documentation and
records related to services provided and submission of claims for services
provided. Denying the commissioner
access to records is cause for immediate suspension of payment and terminating
the agency provider's enrollment according to section 256B.064 or terminating
the FMS contract.
Subd. 24. CFSS
agency-providers; background studies.
CFSS agency-providers enrolled to provide personal care
assistance services under the medical assistance program shall comply with the
following:
(1) owners who have a five percent
interest or more and all managing employees are subject to a background study
as provided in chapter 245C. This
applies to currently enrolled CFSS agency-providers and those agencies seeking
enrollment as a CFSS agency-provider. "Managing
employee" has the same meaning as Code of Federal Regulations, title 42,
section 455. An organization is barred
from enrollment if:
(i) the organization has not initiated
background studies on owners managing employees; or
(ii) the organization has initiated
background studies on owners and managing employees, but the commissioner has
sent the organization a notice that an owner or managing employee of the
organization has been disqualified under section 245C.14, and the owner or
managing employee has not received a set-aside of the disqualification under
section 245C.22;
(2) a background study must be initiated
and completed for all support specialists; and
(3) a background study must be initiated
and completed for all support workers.
Subd. 25. Commissioner
recommendations required. In
consultation with the Development and Implementation Council described in
subdivision 21 and other stakeholders, the commissioner shall develop
recommendations for revisions to subdivisions 12, 15, and 16, that promote
self-direction in the following areas:
(1) CFSS provider and support worker
enrollment, qualification, and disqualification criteria;
(2) documentation requirements that are
consistent with state and federal requirements; and
(3) provisions to maintain program
integrity and assure fiscal accountability for goods and services purchased
through CFSS.
The
recommendations shall be provided to the chairs and ranking minority members of
the legislative committees and divisions with jurisdiction over health and
human services policy and finance by November 15, 2013.
EFFECTIVE
DATE. This section is
effective upon federal approval but no earlier than April 1, 2014. The service will begin 90 days after federal
approval or April 1, 2014, whichever is later.
The commissioner of human services shall notify the revisor of statutes
when this occurs.
Sec. 50. Minnesota Statutes 2012, section 256D.44, subdivision 5, is amended to read:
Subd. 5. Special needs. In addition to the state standards of assistance established in subdivisions 1 to 4, payments are allowed for the following special needs of recipients of Minnesota supplemental aid who are not residents of a nursing home, a regional treatment center, or a group residential housing facility.
(a) The county agency shall pay a monthly allowance for medically prescribed diets if the cost of those additional dietary needs cannot be met through some other maintenance benefit. The need for special diets or dietary items must be prescribed by a licensed physician. Costs for special diets shall be determined as percentages of the allotment for a one-person household under the thrifty food plan as defined by the United States Department of Agriculture. The types of diets and the percentages of the thrifty food plan that are covered are as follows:
(1) high protein diet, at least 80 grams daily, 25 percent of thrifty food plan;
(2) controlled protein diet, 40 to 60 grams and requires special products, 100 percent of thrifty food plan;
(3) controlled protein diet, less than 40 grams and requires special products, 125 percent of thrifty food plan;
(4) low cholesterol diet, 25 percent of thrifty food plan;
(5) high residue diet, 20 percent of thrifty food plan;
(6) pregnancy and lactation diet, 35 percent of thrifty food plan;
(7) gluten-free diet, 25 percent of thrifty food plan;
(8) lactose-free diet, 25 percent of thrifty food plan;
(9) antidumping diet, 15 percent of thrifty food plan;
(10) hypoglycemic diet, 15 percent of thrifty food plan; or
(11) ketogenic diet, 25 percent of thrifty food plan.
(b) Payment for nonrecurring special needs must be allowed for necessary home repairs or necessary repairs or replacement of household furniture and appliances using the payment standard of the AFDC program in effect on July 16, 1996, for these expenses, as long as other funding sources are not available.
(c) A fee for guardian or conservator service is allowed at a reasonable rate negotiated by the county or approved by the court. This rate shall not exceed five percent of the assistance unit's gross monthly income up to a maximum of $100 per month. If the guardian or conservator is a member of the county agency staff, no fee is allowed.
(d) The county agency shall continue to pay a monthly allowance of $68 for restaurant meals for a person who was receiving a restaurant meal allowance on June 1, 1990, and who eats two or more meals in a restaurant daily. The allowance must continue until the person has not received Minnesota supplemental aid for one full calendar month or until the person's living arrangement changes and the person no longer meets the criteria for the restaurant meal allowance, whichever occurs first.
(e) A fee of ten percent of the recipient's gross income or $25, whichever is less, is allowed for representative payee services provided by an agency that meets the requirements under SSI regulations to charge a fee for representative payee services. This special need is available to all recipients of Minnesota supplemental aid regardless of their living arrangement.
(f)(1) Notwithstanding the language in this subdivision, an amount equal to the maximum allotment authorized by the federal Food Stamp Program for a single individual which is in effect on the first day of July of each year will be added to the standards of assistance established in subdivisions 1 to 4 for adults under the age of 65 who qualify as shelter needy and are: (i) relocating from an institution, or an adult mental health residential treatment program under section 256B.0622; (ii) eligible for the self-directed supports option as defined under section 256B.0657, subdivision 2; or (iii) home and community-based waiver recipients living in their own home or rented or leased apartment which is not owned, operated, or controlled by a provider of service not related by blood or marriage, unless allowed under paragraph (g).
(2) Notwithstanding subdivision 3, paragraph (c), an individual eligible for the shelter needy benefit under this paragraph is considered a household of one. An eligible individual who receives this benefit prior to age 65 may continue to receive the benefit after the age of 65.
(3) "Shelter needy" means that the assistance unit incurs monthly shelter costs that exceed 40 percent of the assistance unit's gross income before the application of this special needs standard. "Gross income" for the purposes of this section is the applicant's or recipient's income as defined in section 256D.35, subdivision 10, or the standard specified in subdivision 3, paragraph (a) or (b), whichever is greater. A recipient of a federal or state housing subsidy, that limits shelter costs to a percentage of gross income, shall not be considered shelter needy for purposes of this paragraph.
(g) Notwithstanding this subdivision, to access housing and services as provided in paragraph (f), the recipient may choose housing that may be owned, operated, or controlled by the recipient's service provider. In a multifamily building of more than four units, the maximum number of units that may be used by recipients of this program shall be the greater of four units or 25 percent of the units in the building, unless required by the Housing Opportunities for Persons with AIDS Program. In multifamily buildings of four or fewer units, all of the units may be used by recipients of this program. When housing is controlled by the service provider, the individual may choose the individual's own service provider as provided in section 256B.49, subdivision 23, clause (3). When the housing is controlled by the service provider, the service provider shall implement a plan with the recipient to transition the lease to the recipient's name. Within two years of signing the initial lease, the service provider shall transfer the lease entered into under this subdivision to the recipient. In the event the landlord denies this transfer, the commissioner may approve an exception within sufficient time to ensure the continued occupancy by the recipient. This paragraph expires June 30, 2016.
Sec. 51. Laws 2011, First Special Session chapter 9, article 10, section 3, subdivision 3, as amended by Laws 2012, chapter 247, article 4, section 43, is amended to read:
|
Subd. 3. Forecasted
Programs |
|
|
|
|
The amounts that may be spent from this appropriation for each purpose are as follows:
|
(a) MFIP/DWP Grants |
|
|
|
|
|
Appropriations by Fund |
||
|
|
||
|
General |
84,680,000 |
91,978,000 |
|
Federal TANF |
84,425,000 |
75,417,000 |
|
(b) MFIP Child Care Assistance Grants |
|
55,456,000 |
|
30,923,000 |
|
(c) General Assistance Grants |
|
49,192,000 |
|
46,938,000 |
General Assistance Standard. The commissioner shall set the monthly standard of assistance for general assistance units consisting of an adult recipient who is childless and unmarried or living apart from parents or a legal guardian at $203. The commissioner may reduce this amount according to Laws 1997, chapter 85, article 3, section 54.
Emergency General Assistance. The amount appropriated for emergency general assistance funds is limited to no more than $6,689,812 in fiscal year 2012 and $6,729,812 in fiscal year 2013. Funds to counties shall be allocated by the commissioner using the allocation method specified in Minnesota Statutes, section 256D.06.
|
(d) Minnesota Supplemental Aid Grants |
|
38,095,000 |
|
39,120,000 |
|
(e) Group Residential Housing Grants |
|
121,080,000 |
|
129,238,000 |
|
(f) MinnesotaCare Grants |
|
295,046,000 |
|
317,272,000 |
This appropriation is from the health care access fund.
|
(g) Medical Assistance Grants |
|
4,501,582,000 |
|
4,437,282,000 |
Managed Care Incentive Payments. The commissioner shall not make managed care incentive payments for expanding preventive services during fiscal years beginning July 1, 2011, and July 1, 2012.
Reduction
of Rates for Congregate Living for Individuals with Lower Needs. Beginning October 1, 2011, lead agencies
must reduce rates in effect on January 1, 2011, by ten percent for individuals
with lower needs living in foster care settings where the license holder does
not share the residence with recipients on the CADI and DD waivers and customized
living settings for CADI. Lead agencies
shall consult with providers to review individual service plans and identify
changes or modifications to reduce the utilization of services while
maintaining the health and safety of the individual receiving services. Lead agencies must adjust contracts within 60
days of the effective date. If federal
waiver approval is obtained under the long-term care realignment waiver
application submitted on February 13, 2012, and federal financial participation
is authorized for the alternative care program, the commissioner shall adjust
this payment rate reduction from ten to five percent for services rendered on
or after July 1, 2012, or the first day of the month following federal
approval, whichever is later. Effective
August 1, 2013, this provision does not apply to individuals whose primary
diagnosis is mental illness and who are living in foster care settings where
the license holder is also (1) a provider of assertive community treatment
(ACT) or adult rehabilitative mental health services (ARMHS) as defined in
Minnesota Statutes, section
256B.0623; (2) a mental health center or mental health clinic certified under
Minnesota Rules, parts 9520.0750 to 9520.0870; or (3) a provider of intensive
residential treatment services (IRTS) licensed under Minnesota Rules, parts
9520.0500 to 9520.0670.
Reduction of Lead Agency Waiver Allocations to Implement Rate Reductions for Congregate Living for Individuals with Lower Needs. Beginning October 1, 2011, the commissioner shall reduce lead agency waiver allocations to implement the reduction of rates for individuals with lower needs living in foster care settings where the license holder does not share the residence with recipients on the CADI and DD waivers and customized living settings for CADI.
Reduce customized living and 24-hour customized living component rates. Effective July 1, 2011, the commissioner shall reduce elderly waiver customized living and 24-hour customized living component service spending by five percent through reductions in component rates and service rate limits. The commissioner shall adjust the elderly waiver capitation payment rates for managed care organizations paid under Minnesota Statutes, section 256B.69, subdivisions 6a and 23, to reflect reductions in component spending for customized living services and 24-hour customized living services under Minnesota Statutes, section 256B.0915, subdivisions 3e and 3h, for the contract period beginning January 1, 2012. To implement the reduction specified in this provision, capitation rates paid by the commissioner to managed care organizations under Minnesota Statutes, section 256B.69, shall reflect a ten percent reduction for the specified services for the period January 1, 2012, to June 30, 2012, and a five percent reduction for those services on or after July 1, 2012.
Limit Growth in the Developmental Disability Waiver. The commissioner shall limit growth in the developmental disability waiver to six diversion allocations per month beginning July 1, 2011, through June 30, 2013, and 15 diversion allocations per month beginning July 1, 2013, through June 30, 2015. Waiver allocations shall be targeted to individuals who meet the priorities for accessing waiver services identified in Minnesota Statutes, 256B.092, subdivision 12. The limits do not include conversions from intermediate care facilities for persons with developmental disabilities. Notwithstanding any contrary provisions in this article, this paragraph expires June 30, 2015.
Limit Growth in the Community Alternatives for Disabled Individuals Waiver. The commissioner shall limit growth in the community alternatives for disabled individuals waiver to 60 allocations per month beginning July 1, 2011, through June 30, 2013, and 85 allocations per month beginning July 1, 2013, through June 30, 2015. Waiver allocations must be targeted to
individuals who meet the priorities for accessing waiver services identified in Minnesota Statutes, section 256B.49, subdivision 11a. The limits include conversions and diversions, unless the commissioner has approved a plan to convert funding due to the closure or downsizing of a residential facility or nursing facility to serve directly affected individuals on the community alternatives for disabled individuals waiver. Notwithstanding any contrary provisions in this article, this paragraph expires June 30, 2015.
Personal Care Assistance Relative Care. The commissioner shall adjust the capitation payment rates for managed care organizations paid under Minnesota Statutes, section 256B.69, to reflect the rate reductions for personal care assistance provided by a relative pursuant to Minnesota Statutes, section 256B.0659, subdivision 11. This rate reduction is effective July 1, 2013.
|
(h) Alternative Care Grants |
|
46,421,000 |
|
46,035,000 |
Alternative Care Transfer. Any money allocated to the alternative care program that is not spent for the purposes indicated does not cancel but shall be transferred to the medical assistance account.
|
(i) Chemical Dependency Entitlement Grants |
|
94,675,000 |
|
93,298,000 |
EFFECTIVE
DATE. This section is
effective August 1, 2013.
Sec. 52. Laws 2012, chapter 247, article 6, section 4, is amended to read:
|
Sec. 4. BOARD
OF NURSING HOME ADMINISTRATORS |
$-0- |
|
$10,000 |
Administrative Services Unit. This
appropriation is to provide a grant to the Minnesota Ambulance Association to
coordinate and prepare an assessment of the extent and costs of uncompensated
care as a direct result of emergency responses on interstate highways in
Minnesota. The study will collect
appropriate information from medical response units and ambulance services
regulated under Minnesota Statutes, chapter 144E, and to the extent possible,
firefighting agencies. In preparing the assessment,
the Minnesota Ambulance Association shall consult with its membership, the
Minnesota Fire Chiefs Association, the Office of the State Fire Marshal, and
the Emergency Medical Services Regulatory Board. The findings of the assessment will be reported
to the chairs and ranking minority members of the legislative committees with
jurisdiction over health and public safety by January 1, 2013. This is a onetime appropriation.
Sec. 53. RECOMMENDATIONS
FOR CONCENTRATION LIMITS ON HOME AND COMMUNITY-BASED SETTINGS.
The commissioner of human services shall
consult with the Minnesota Olmstead subcabinet, advocates, providers, and city
representatives to develop recommendations on concentration limits on home and
community-based settings, as defined in Minnesota Statutes, section 256B.492,
as well as any other exceptions to the definition.
The recommendations must be
consistent with Minnesota's Olmstead plan.
The recommendations and proposed legislation must be submitted to the
chairs and ranking minority members of the legislative committees with
jurisdiction over health and human services policy and finance by February 1,
2014.
Sec. 54. TRAINING
OF AUTISM SERVICE PROVIDERS.
The
commissioners of health and human services shall ensure that the departments'
autism-related service providers receive training in culturally appropriate
approaches to serving the Somali, Latino, Hmong, and Indigenous American Indian
communities, and other cultural groups experiencing a disproportionate
incidence of autism.
Sec. 55. DIRECTION
TO COMMISSIONER; SPOUSAL DISREGARD.
The commissioner of human services shall
request authority, in whatever form is necessary, from the federal Centers for
Medicare and Medicaid Services to allow persons under age 65 participating in the
home and community-based services waivers to continue to use the disregard of
the nonassisted spouse's income and assets instead of the spousal
impoverishment provisions under the federal Patient Protection and Affordable
Care Act, Public Law 111-148, section 2404, as amended by the federal Health
Care and Education Reconciliation Act of 2010, Public Law 111-152, and any
amendments to, or regulations or guidance issued under, those acts.
Sec. 56. DIRECTION
TO COMMISSIONER; ABA.
By January 1, 2014, the commissioner of human services shall apply to the federal Centers for Medicare and Medicaid Services for a waiver or other authority to provide applied behavioral analysis services to children with autism spectrum disorder and related conditions under the medical assistance program.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 57. RECOMMENDATIONS
ON RAISING THE ASSET LIMITS FOR SENIORS AND PERSONS WITH DISABILITIES.
The commissioner of human services shall
consult with interested stakeholders to develop recommendations and a request
for a federal 1115 demonstration waiver in order to increase the asset limit
for individuals eligible for medical assistance due to disability or age who
are not residing in a nursing facility, intermediate care facility for persons
with developmental disabilities, or other institution whose costs for room and
board are covered by medical assistance or state funds. The recommendations must be provided to the
legislative committees and divisions with jurisdiction over health and human
services policy and finance by February 1, 2014.
Sec. 58. NURSING
HOME LEVEL OF CARE REPORT.
(a) The commissioner of human services
shall report on the impact of the modification to the nursing facility level of
care to be implemented January 1, 2014, including the following:
(1) the number of individuals who lose
eligibility for home and community-based services waivers under Minnesota
Statutes, sections 256B.0915 and 256B.49, and alternative care under Minnesota
Statutes, section 256B.0913;
(2) the number of individuals who lose eligibility for medical assistance; and
(3) for individuals reported under
clauses (1) and (2), and to the extent possible:
(i) their living situation before and
after nursing facility level of care implementation; and
(ii) the programs or services
they received before and after nursing facility level of care implementation,
including, but not limited to, personal care assistant services and essential
community supports.
(b) The commissioner of human services
shall report to the chairs and ranking minority members of the legislative
committees and divisions with jurisdiction over health and human services
policy and finance with the information required under paragraph (a). A preliminary report shall be submitted on
October 1, 2014, and a final report shall be submitted February 15, 2015.
Sec. 59. ASSISTIVE
TECHNOLOGY EQUIPMENT FOR HOME AND COMMUNITY-BASED SERVICES WAIVERS FUNDING DEVELOPMENT.
(a) For the purposes of this section,
"assistive technology equipment" includes computer tablets, passive
sensors, and other forms of technology allowing increased safety and
independence, and used by those receiving services through a home and
community-based services waiver under Minnesota Statutes, sections 256B.0915,
256B.092, and 256B.49.
(b) The commissioner of human services
shall develop recommendations for assistive technology equipment funding to
enable individuals receiving services identified in paragraph (a) to live in
the least restrictive setting possible. In
developing the funding, the commissioner shall examine funding for the
following:
(1) an assessment process to match the
appropriate assistive technology equipment with the waiver recipient, including
when the recipient's condition changes or progresses;
(2) the use of monitoring services, if
applicable, to the assistive technology equipment identified in clause (1);
(3) the leasing of assistive technology
equipment as a possible alternative to purchasing the equipment; and
(4) ongoing support services, such as
technological support.
(c) The commissioner shall provide the
chairs and ranking minority members of the legislative committees and divisions
with jurisdiction over health and human services policy and finance a
recommendation for implementing an assistive technology equipment program as
developed in paragraph (b) by February 1, 2014.
Sec. 60. PROVIDER
RATE AND GRANT INCREASE EFFECTIVE APRIL 1, 2014.
(a) The commissioner of human services
shall increase reimbursement rates, grants, allocations, individual limits, and
rate limits, as applicable, by one percent for the rate period beginning April
1, 2014, for services rendered on or after those dates. County or tribal contracts for services
specified in this section must be amended to pass through these rate increases
within 60 days of the effective date.
(b) The rate changes described in this
section must be provided to:
(1) home and community-based waivered
services for persons with developmental disabilities or related conditions,
including consumer-directed community supports, under Minnesota Statutes,
section 256B.501;
(2) waivered services under community
alternatives for disabled individuals, including consumer-directed community
supports, under Minnesota Statutes, section 256B.49;
(3) community alternative care waivered
services, including consumer-directed community supports, under Minnesota
Statutes, section 256B.49;
(4) brain injury waivered
services, including consumer-directed community supports, under Minnesota
Statutes, section 256B.49;
(5) home and community-based waivered
services for the elderly under Minnesota Statutes, section 256B.0915;
(6) nursing services and home health
services under Minnesota Statutes, section 256B.0625, subdivision 6a;
(7) personal care services and
qualified professional supervision of personal care services under Minnesota
Statutes, section 256B.0625, subdivisions 6a and 19a;
(8) private duty nursing services under
Minnesota Statutes, section 256B.0625, subdivision 7;
(9) day training and habilitation
services for adults with developmental disabilities or related conditions under
Minnesota Statutes, sections 252.40 to 252.46, including the additional cost of
rate adjustments on day training and habilitation services, provided as a
social service, formerly funded under Minnesota Statutes 2010, chapter 256M;
(10) alternative care services under
Minnesota Statutes, section 256B.0913;
(11) living skills training programs
for persons with intractable epilepsy who need assistance in the transition to
independent living under Laws 1988, chapter 689;
(12) semi-independent living services
(SILS) under Minnesota Statutes, section 252.275, including SILS funding under
county social services grants formerly funded under Minnesota Statutes, chapter
256M;
(13) consumer support grants under
Minnesota Statutes, section 256.476;
(14) family support grants under
Minnesota Statutes, section 252.32;
(15) housing access grants under
Minnesota Statutes, sections 256B.0658 and 256B.0917, subdivision 14;
(16) self-advocacy grants under Laws
2009, chapter 101;
(17) technology grants under Laws 2009,
chapter 79;
(18) aging grants under Minnesota
Statutes, sections 256.975 to 256.977, 256B.0917, and 256B.0928; and
(19) community support services for
deaf and hard-of-hearing adults with mental illness who use or wish to use sign language as their primary means of
communication under Minnesota Statutes, section 256.01, subdivision 2; and deaf
and hard-of-hearing grants under Minnesota Statutes, sections 256C.233 and
256C.25; Laws 1985, chapter 9; and Laws 1997, First Special Session
chapter 5, section 20.
(c) A managed care plan receiving state
payments for the services in this section must include these increases in their
payments to providers. To implement the
rate increase in this section, capitation rates paid by the commissioner to
managed care organizations under Minnesota Statutes, section 256B.69, shall
reflect a one percent increase for the specified services for the period
beginning April 1, 2014.
(d) Counties shall increase the budget
for each recipient of consumer-directed community supports by the amounts in
paragraph (a) on the effective dates in paragraph (a).
Sec. 61. SAFETY
NET FOR HOME AND COMMUNITY-BASED SERVICES WAIVERS.
The commissioner of human services
shall submit a request by December 31, 2013, to the federal government to amend
the home and community-based services waivers for individuals with disabilities
authorized under Minnesota Statutes, section 256B.49, to modify the financial
management of the home and community-based services waivers to provide a
state-administered safety net when costs for an individual increase above an
identified threshold. The implementation
of the safety net may result in a decreased allocation for individual counties,
tribes, or collaboratives of counties or tribes, but must not result in a net
decreased statewide allocation.
Sec. 62. SHARED
LIVING MODEL.
The commissioner of human services
shall develop and promote a shared living model option for individuals
receiving services through the home and community-based services waivers for
individuals with disabilities, authorized under Minnesota Statutes, section
256B.092 or 256B.49, as an option for individuals who require 24-hour
assistance. The option must be a
companion model with a limit of one or two individuals receiving support in the
home, planned respite for the caregiver, and the availability of intensive
training and support on the needs of the individual or individuals. Any necessary amendments to implement the
model must be submitted to the federal government by December 31, 2013.
Sec. 63. MONEY
FOLLOWS THE PERSON GRANT.
The commissioner of human services
shall submit to the federal government all necessary waiver amendments to
implement the Money Follows the Person federal grant by December 31, 2013.
Sec. 64. REPEALER.
Minnesota Statutes 2012, sections
256B.0917, subdivision 14; 256B.096, subdivisions 1, 2, 3, and 4; 256B.14,
subdivision 3a; and 256B.5012, subdivision 13, and Laws 2011, First Special
Session chapter 9, article 7, section 54, as amended by Laws 2012, chapter 247,
article 4, section 42, and Laws 2012, chapter 298, section 3, are repealed.
ARTICLE 8
WAIVER PROVIDER STANDARDS
Section 1. Minnesota Statutes 2012, section 13.461, is amended by adding a subdivision to read:
Subd. 7c. Human
services license holders. Section
245D.095, subdivision 3, requires certain license holders to protect service
recipient records in accordance with specified provisions of this chapter.
Sec. 2. Minnesota Statutes 2012, section 145C.01, subdivision 7, is amended to read:
Subd. 7. Health care facility. "Health care facility" means a hospital or other entity licensed under sections 144.50 to 144.58, a nursing home licensed to serve adults under section 144A.02, a home care provider licensed under sections 144A.43 to 144A.47, an adult foster care provider licensed under chapter 245A and Minnesota Rules, parts 9555.5105 to 9555.6265, a community residential setting licensed under chapter 245D, or a hospice provider licensed under sections 144A.75 to 144A.755.
Sec. 3. Minnesota Statutes 2012, section 243.166, subdivision 4b, is amended to read:
Subd. 4b. Health care facility; notice of status. (a) For the purposes of this subdivision, "health care facility" means a facility:
(1) licensed by the commissioner of health as a hospital, boarding care home or supervised living facility under sections 144.50 to 144.58, or a nursing home under chapter 144A;
(2) registered by the commissioner of health as a housing with services establishment as defined in section 144D.01; or
(3) licensed by the commissioner of human
services as a residential facility under chapter 245A to provide adult foster
care, adult mental health treatment, chemical dependency treatment to adults,
or residential services to persons with developmental disabilities.
(b) Prior to admission to a health care facility, a person required to register under this section shall disclose to:
(1) the health care facility employee processing the admission the person's status as a registered predatory offender under this section; and
(2) the person's corrections agent, or if the person does not have an assigned corrections agent, the law enforcement authority with whom the person is currently required to register, that inpatient admission will occur.
(c) A law enforcement authority or corrections agent who receives notice under paragraph (b) or who knows that a person required to register under this section is planning to be admitted and receive, or has been admitted and is receiving health care at a health care facility shall notify the administrator of the facility and deliver a fact sheet to the administrator containing the following information: (1) name and physical description of the offender; (2) the offender's conviction history, including the dates of conviction; (3) the risk level classification assigned to the offender under section 244.052, if any; and (4) the profile of likely victims.
(d) Except for a hospital licensed under sections 144.50 to 144.58, if a health care facility receives a fact sheet under paragraph (c) that includes a risk level classification for the offender, and if the facility admits the offender, the facility shall distribute the fact sheet to all residents at the facility. If the facility determines that distribution to a resident is not appropriate given the resident's medical, emotional, or mental status, the facility shall distribute the fact sheet to the patient's next of kin or emergency contact.
Sec. 4. [245.8251]
POSITIVE SUPPORT STRATEGIES AND EMERGENCY MANUAL RESTRAINT; LICENSED FACILITIES
AND PROGRAMS.
Subdivision 1. Rules. The commissioner of human services
shall, within 24 months of enactment of this section, adopt rules governing the
use of positive support strategies, safety interventions, and emergency use of
manual restraint in facilities and services licensed under chapter 245D.
Subd. 2. Data
collection. (a) The
commissioner shall, with stakeholder input, develop data collection elements
specific to incidents of emergency use of manual restraint and positive support
transition plans for persons receiving services from providers governed under
chapter 245D effective January 1, 2014. Providers
shall report the data in a format and at a frequency determined by the
commissioner of human services. Providers
shall submit the data to the commissioner and the Office of the Ombudsman for
Mental Health and Developmental Disabilities.
(b) Beginning July 1, 2013, providers
regulated under Minnesota Rules, parts 9525.2700 to 9525.2810, shall submit
data regarding the use of all controlled procedures identified in Minnesota
Rules, part 9525.2740, in a format and at a frequency determined by the commissioner. Providers shall submit the data to the
commissioner and the Office of the Ombudsman for Mental Health and
Developmental Disabilities.
Sec. 5. Minnesota Statutes 2012, section 245.91, is amended by adding a subdivision to read:
Subd. 3a. Emergency
use of manual restraint. "Emergency
use of manual restraint" has the meaning given in section 245D.02,
subdivision 8a, and applies to services licensed under chapter 245D.
Sec. 6. Minnesota Statutes 2012, section 245.94, subdivision 2, is amended to read:
Subd. 2. Matters appropriate for review. (a) In selecting matters for review by the office, the ombudsman shall give particular attention to unusual deaths or injuries of a client or reports of emergency use of manual restraint as identified in section 245D.061, served by an agency, facility, or program, or actions of an agency, facility, or program that:
(1) may be contrary to law or rule;
(2) may
be unreasonable, unfair, oppressive, or inconsistent with a policy or order of
an agency, facility, or program;
(3) may be mistaken in law or arbitrary in the ascertainment of facts;
(4) may be unclear or inadequately explained, when reasons should have been revealed;
(5) may result in abuse or neglect of a person receiving treatment;
(6) may disregard the rights of a client or other individual served by an agency or facility;
(7) may impede or promote independence, community integration, and productivity for clients; or
(8) may impede or improve the monitoring or evaluation of services provided to clients.
(b) The ombudsman shall, in selecting matters for review and in the course of the review, avoid duplicating other investigations or regulatory efforts.
Sec. 7. Minnesota Statutes 2012, section 245.94, subdivision 2a, is amended to read:
Subd. 2a. Mandatory reporting. Within 24 hours after a client suffers death or serious injury, the agency, facility, or program director shall notify the ombudsman of the death or serious injury. The emergency use of manual restraint must be reported to the ombudsman as required under section 245D.061, subdivision 10. The ombudsman is authorized to receive identifying information about a deceased client according to Code of Federal Regulations, title 42, section 2.15, paragraph (b).
Sec. 8. Minnesota Statutes 2012, section 245A.02, subdivision 10, is amended to read:
Subd. 10. Nonresidential
program. "Nonresidential
program" means care, supervision, rehabilitation, training or habilitation
of a person provided outside the person's own home and provided for fewer than
24 hours a day, including adult day care programs; and chemical dependency or
chemical abuse programs that are located in a nursing home or hospital and
receive public funds for providing chemical abuse or chemical dependency treatment
services under chapter 254B. Nonresidential
programs include home and community-based services and semi-independent
living services for persons with developmental disabilities or
persons age 65 and older that are provided in or outside of a person's own
home under chapter 245D.
Sec. 9. Minnesota Statutes 2012, section 245A.02, subdivision 14, is amended to read:
Subd. 14. Residential
program. "Residential
program" means a program that provides 24-hour-a-day care, supervision,
food, lodging, rehabilitation, training, education, habilitation, or treatment
outside a person's own home, including a program in an intermediate care
facility for four or more persons with developmental disabilities; and chemical
dependency or chemical abuse programs that are located in a hospital or nursing
home and receive public funds for providing chemical abuse or chemical
dependency treatment services under chapter 254B. Residential programs include home and
community-based services for persons with developmental disabilities or
persons age 65 and older that are provided in or outside of a person's own
home under chapter 245D.
Sec. 10. Minnesota Statutes 2012, 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. The commissioner shall not issue an initial license for a community residential setting licensed under chapter 245D. 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, or community residential setting licenses replacing adult foster care licenses in existence on December 31, 2013, and determined to be needed by the commissioner under paragraph (b);
(3) new foster care licenses or community residential setting 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 or community residential setting licenses determined to be needed by the commissioner under paragraph (b) for persons requiring hospital level care; or
(5) new foster care licenses or community residential setting 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 or community residential settings 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) 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.
(d) When a foster care recipient an
adult resident served by the program 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), or the adult community residential setting,
the county shall immediately inform the Department of Human Services Licensing
Division. The department shall decrease
the statewide licensed capacity for adult foster care settings where the
physical location is not the primary residence of the license holder, or for
adult community residential settings, if the voluntary changes described in
paragraph (f) are not sufficient to meet the savings required by reductions in
licensed bed capacity under Laws 2011, First Special Session chapter 9, article
7, sections 1 and 40, paragraph (f), and maintain statewide long-term care
residential services capacity within budgetary limits. Implementation of the statewide licensed
capacity reduction shall begin on July 1, 2013.
The commissioner shall delicense up to 128 beds by June 30, 2014, using
the needs determination process. Under
this paragraph, the commissioner has the authority to reduce unused licensed
capacity of a current foster care program, or the community residential
settings, to accomplish the consolidation or closure of settings. A decreased licensed capacity according to
this paragraph is not subject to appeal under this chapter.
(e) Residential settings that would otherwise be subject to the decreased license capacity established in paragraph (d) shall be exempt under the following circumstances:
(1) until August 1, 2013, the license holder's beds occupied by residents whose primary diagnosis is mental illness and the license holder is:
(i) a provider of assertive community treatment (ACT) or adult rehabilitative mental health services (ARMHS) as defined in section 256B.0623;
(ii) a mental health center certified under Minnesota Rules, parts 9520.0750 to 9520.0870;
(iii) a mental health clinic certified under Minnesota Rules, parts 9520.0750 to 9520.0870; or
(iv) a provider of intensive residential treatment services (IRTS) licensed under Minnesota Rules, parts 9520.0500 to 9520.0670; or
(2) the license holder is certified under the requirements in subdivision 6a or section 245D.33.
(f) A resource need determination process, managed at the state level, using the available reports required by section 144A.351, and other data and information shall be used to determine where the reduced capacity required under paragraph (d) will be implemented. The commissioner shall consult with the stakeholders described in section 144A.351, and employ a variety of methods to improve the state's capacity to meet long-term care service needs within budgetary limits, including seeking proposals from service providers or lead agencies to change service type, capacity, or location to improve services, increase the independence of residents, and better meet needs identified by the long-term care services reports and statewide data and information. By February 1 of each year, the commissioner shall provide information and data on the overall capacity of licensed long-term care services, actions taken under this subdivision to manage statewide long-term care services and supports resources, and any recommendations for change to the legislative committees with jurisdiction over health and human services budget.
(g) 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.
(h) License holders of foster
care homes identified under paragraph (g) 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. 11. Minnesota Statutes 2012, section 245A.03, subdivision 8, is amended to read:
Subd. 8.
Excluded providers seeking
licensure. Nothing in this section
shall prohibit a program that is excluded from licensure under subdivision 2,
paragraph (a), clause (28) (26), from seeking licensure. The commissioner shall ensure that any
application received from such an excluded provider is processed in the same
manner as all other applications for child care center licensure.
Sec. 12. Minnesota Statutes 2012, section 245A.03, subdivision 9, is amended to read:
Subd. 9. Permitted services by an individual who is related. Notwithstanding subdivision 2, paragraph (a), clause (1), and subdivision 7, an individual who is related to a person receiving supported living services may provide licensed services to that person if:
(1) the person who receives supported living services received these services in a residential site on July 1, 2005;
(2) the services under clause (1) were provided in a corporate foster care setting for adults and were funded by the developmental disabilities home and community-based services waiver defined in section 256B.092;
(3) the individual who is related obtains and maintains both a license under chapter 245B or successor licensing requirements for the provision of supported living services and an adult foster care license under Minnesota Rules, parts 9555.5105 to 9555.6265; and
(4) the individual who is related is not the guardian of the person receiving supported living services.
Sec. 13. Minnesota Statutes 2012, section 245A.042, subdivision 3, is amended to read:
Subd. 3. Implementation. (a) The commissioner shall implement the responsibilities of this chapter according to the timelines in paragraphs (b) and (c) only within the limits of available appropriations or other administrative cost recovery methodology.
(b) The licensure of home and community-based services according to this section shall be implemented January 1, 2014. License applications shall be received and processed on a phased-in schedule as determined by the commissioner beginning July 1, 2013. Licenses will be issued thereafter upon the commissioner's determination that the application is complete according to section 245A.04.
(c) Within the limits of available appropriations or other administrative cost recovery methodology, implementation of compliance monitoring must be phased in after January 1, 2014.
(1) Applicants who do not currently hold a
license issued under this chapter 245B must receive an initial
compliance monitoring visit after 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.
(d) 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 issue
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. 14. Minnesota Statutes 2012, section 245A.08, subdivision 2a, is amended to read:
Subd. 2a. Consolidated contested case hearings. (a) When a denial of a license under section 245A.05 or a licensing sanction under section 245A.07, subdivision 3, is based on a disqualification for which reconsideration was requested and which was not set aside under section 245C.22, the scope of the contested case hearing shall include the disqualification and the licensing sanction or denial of a license, unless otherwise specified in this subdivision. When the licensing sanction or denial of a license is based on a determination of maltreatment under section 626.556 or 626.557, or a disqualification for serious or recurring maltreatment which was not set aside, the scope of the contested case hearing shall include the maltreatment determination, disqualification, and the licensing sanction or denial of a license, unless otherwise specified in this subdivision. In such cases, a fair hearing under section 256.045 shall not be conducted as provided for in sections 245C.27, 626.556, subdivision 10i, and 626.557, subdivision 9d.
(b) Except for family child care and child foster care, reconsideration of a maltreatment determination under sections 626.556, subdivision 10i, and 626.557, subdivision 9d, and reconsideration of a disqualification under section 245C.22, shall 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 is 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. In these cases, a fair hearing shall not be conducted under sections 245C.27, 626.556, subdivision 10i, and 626.557, subdivision 9d. The scope of the contested case hearing must include the maltreatment determination, 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.
(c) In consolidated contested case hearings
regarding sanctions issued in family child care, child foster care, family
adult day services, and adult foster care, and community residential
settings, the county attorney shall defend the commissioner's orders in
accordance with section 245A.16, subdivision 4.
(d) The commissioner's final order under subdivision 5 is the final agency action on the issue of maltreatment and disqualification, including for purposes of subsequent background studies under chapter 245C and is the only administrative appeal of the final agency determination, specifically, including a challenge to the accuracy and completeness of data under section 13.04.
(e) When consolidated hearings under this subdivision involve a licensing sanction based on a previous maltreatment determination for which the commissioner has issued a final order in an appeal of that determination under section 256.045, or the individual failed to exercise the right to appeal the previous maltreatment determination under section 626.556, subdivision 10i, or 626.557, subdivision 9d, the commissioner's order is conclusive on the issue of maltreatment. In such cases, the scope of the administrative law judge's review shall be limited to the disqualification and the licensing sanction or denial of a license. In the case of a denial of a license or a licensing sanction issued to a facility based on a maltreatment determination regarding an individual who is not the license holder or a household member, the scope of the administrative law judge's review includes the maltreatment determination.
(f) The hearings of all parties may be consolidated into a single contested case hearing upon consent of all parties and the administrative law judge, if:
(1) a maltreatment determination or disqualification, which was not set aside under section 245C.22, is the basis for a denial of a license under section 245A.05 or a licensing sanction under section 245A.07;
(2) the disqualified subject is an individual other than the license holder and upon whom a background study must be conducted under section 245C.03; and
(3) the individual has a hearing right under section 245C.27.
(g) When a denial of a license under section 245A.05 or a licensing sanction under section 245A.07 is based on a disqualification for which reconsideration was requested and was not set aside under section 245C.22, and the individual otherwise has no hearing right under section 245C.27, the scope of the administrative law judge's review shall include the denial or sanction and a determination whether the disqualification should be set aside, unless section 245C.24 prohibits the set-aside of the disqualification. In determining whether the disqualification should be set aside, the administrative law judge shall consider the factors under section 245C.22, subdivision 4, to determine whether the individual poses a risk of harm to any person receiving services from the license holder.
(h) Notwithstanding section 245C.30, subdivision 5, when a licensing sanction under section 245A.07 is based on the termination of a variance under section 245C.30, subdivision 4, the scope of the administrative law judge's review shall include the sanction and a determination whether the disqualification should be set aside, unless section 245C.24 prohibits the set-aside of the disqualification. In determining whether the disqualification should be set aside, the administrative law judge shall consider the factors under section 245C.22, subdivision 4, to determine whether the individual poses a risk of harm to any person receiving services from the license holder.
Sec. 15. Minnesota Statutes 2012, section 245A.10, is amended to read:
245A.10
FEES.
Subdivision 1. Application or license fee required, programs exempt from fee. (a) Unless exempt under paragraph (b), the commissioner shall charge a fee for evaluation of applications and inspection of programs which are licensed under this chapter.
(b) Except as provided under subdivision 2,
no application or license fee shall be charged for child foster care, adult
foster care, or family and group family child care, or a community
residential setting.
Subd. 2. County fees for background studies and licensing inspections. (a) For purposes of family and group family child care licensing under this chapter, a county agency may charge a fee to an applicant or license holder to recover the actual cost of background studies, but in any case not to exceed $100 annually. A county agency may also charge a license fee to an applicant or license holder not to exceed $50 for a one-year license or $100 for a two-year license.
(b) A county agency may charge
a fee to a legal nonlicensed child care provider or applicant for authorization
to recover the actual cost of background studies completed under section
119B.125, but in any case not to exceed $100 annually.
(c) Counties may elect to reduce or waive the fees in paragraph (a) or (b):
(1) in cases of financial hardship;
(2) if the county has a shortage of providers in the county's area;
(3) for new providers; or
(4) for providers who have attained at least 16 hours of training before seeking initial licensure.
(d) Counties may allow providers to pay the applicant fees in paragraph (a) or (b) on an installment basis for up to one year. If the provider is receiving child care assistance payments from the state, the provider may have the fees under paragraph (a) or (b) deducted from the child care assistance payments for up to one year and the state shall reimburse the county for the county fees collected in this manner.
(e) For purposes of adult foster care and child foster care licensing, and licensing the physical plant of a community residential setting, under this chapter, a county agency may charge a fee to a corporate applicant or corporate license holder to recover the actual cost of licensing inspections, not to exceed $500 annually.
(f) Counties may elect to reduce or waive the fees in paragraph (e) under the following circumstances:
(1) in cases of financial hardship;
(2) if the county has a shortage of providers in the county's area; or
(3) for new providers.
Subd. 3. Application fee for initial license or certification. (a) For fees required under subdivision 1, an applicant for an initial license or certification issued by the commissioner shall submit a $500 application fee with each new application required under this subdivision. An applicant for an initial day services facility license under chapter 245D shall submit a $250 application fee with each new application. The application fee shall not be prorated, is nonrefundable, and is in lieu of the annual license or certification fee that expires on December 31. The commissioner shall not process an application until the application fee is paid.
(b) Except as provided in clauses (1) to (4)
(3), an applicant shall apply for a license to provide services at a
specific location.
(1) For a license to provide
residential-based habilitation services to persons with developmental
disabilities under chapter 245B, an applicant shall submit an application for
each county in which the services will be provided. Upon licensure, the license holder may
provide services to persons in that county plus no more than three persons at
any one time in each of up to ten additional counties. A license holder in one county may not
provide services under the home and community-based waiver for persons with
developmental disabilities to more than three people in a second county without
holding a separate license for that second county. Applicants or licensees providing services
under this clause to not more than three persons remain subject to the
inspection fees established in section 245A.10, subdivision 2, for each
location. The license issued by the
commissioner must state the name of each additional county where services are
being provided to persons with developmental disabilities. A license holder must notify the commissioner
before making any changes that would alter the license information listed under
section 245A.04, subdivision 7, paragraph (a), including any additional
counties where persons with developmental disabilities are
being served. For a license to provide home and
community-based services to persons with disabilities or age 65 and older under
chapter 245D, an applicant shall submit an application to provide services
statewide. Notwithstanding paragraph (a), applications received by the
commissioner between July 1, 2013, and December 31, 2013, for licensure
of services provided under chapter 245D must include an application fee that is
equal to the annual license renewal fee under subdivision 4, paragraph (b), or
$500, whichever is less. Applications
received by the commissioner after January 1, 2014, must include the
application fee required under paragraph (a).
Applicants who meet the modified application criteria identified in
section 245A.042, subdivision 2, are exempt from paying an application fee.
(2) For a license to provide supported
employment, crisis respite, or semi-independent living services to persons with
developmental disabilities under chapter 245B, an applicant shall submit a
single application to provide services statewide.
(3) For a license to provide
independent living assistance for youth under section 245A.22, an applicant
shall submit a single application to provide services statewide.
(4) (3) For a license for a
private agency to provide foster care or adoption services under Minnesota
Rules, parts 9545.0755 to 9545.0845, an applicant shall submit a single
application to provide services statewide.
(c) The initial application fee charged
under this subdivision does not include the temporary license surcharge under
section 16E.22.
Subd. 4. License or certification fee for certain programs. (a) Child care centers shall pay an annual nonrefundable license fee based on the following schedule:
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Licensed Capacity |
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Child Care Center License Fee |
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1 to 24 persons |
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$200 |
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25 to 49 persons |
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$300 |
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50 to 74 persons |
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$400 |
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75 to 99 persons |
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$500 |
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100 to 124 persons |
|
$600 |
|
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125 to 149 persons |
|
$700 |
|
|
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150 to 174 persons |
|
$800 |
|
|
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175 to 199 persons |
|
$900 |
|
|
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200 to 224 persons |
|
$1,000 |
|
|
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225 or more persons |
|
$1,100 |
|
(b) A day training and habilitation
program serving persons with developmental disabilities or related conditions
shall pay an annual nonrefundable license fee based on the following schedule:
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Except as provided in paragraph
(c), when a day training and habilitation program serves more than 50 percent
of the same persons in two or more locations in a community, the day training
and habilitation program shall pay a license fee based on the licensed capacity
of the largest facility and the other facility or facilities shall be charged a
license fee based on a licensed capacity of a residential program serving one
to 24 persons.
(c) When a day training and habilitation
program serving persons with developmental disabilities or related conditions
seeks a single license allowed under section 245B.07, subdivision 12, clause
(2) or (3), the licensing fee must be based on the combined licensed capacity
for each location.
(d) A program licensed to provide
supported employment services to persons with developmental disabilities under
chapter 245B shall pay an annual nonrefundable license fee of $650.
(e) A program licensed to provide
crisis respite services to persons with developmental disabilities under
chapter 245B shall pay an annual nonrefundable license fee of $700.
(f) A program licensed to provide
semi-independent living services to persons with developmental disabilities
under chapter 245B shall pay an annual nonrefundable license fee of $700.
(g) A program licensed to provide
residential-based habilitation services under the home and community-based
waiver for persons with developmental disabilities shall pay an annual license
fee that includes a base rate of $690 plus $60 times the number of clients
served on the first day of July of the current license year.
(h) A residential program certified by
the Department of Health as an intermediate care facility for persons with
developmental disabilities (ICF/MR) and a noncertified residential program
licensed to provide health or rehabilitative services for persons with
developmental disabilities shall pay an annual nonrefundable license fee based
on the following schedule:
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(b)(1) A program licensed to provide
one or more of the home and community-based services and supports identified under
chapter 245D to persons with disabilities or age 65 and older, shall pay an
annual nonrefundable license fee based on revenues derived from the provision
of services that would require licensure under chapter 245D during the calendar
year immediately preceding the year in which the license fee is paid, according
to the following schedule:
(2)
If requested, the license holder shall provide the commissioner information to
verify the license holder's annual revenues or other information as needed,
including copies of documents submitted to the Department of Revenue.
(3) At each annual renewal, a license
holder may elect to pay the highest renewal fee, and not provide annual revenue
information to the commissioner.
(4) A license holder that knowingly
provides the commissioner incorrect revenue amounts for the purpose of paying a
lower license fee shall be subject to a civil penalty in the amount of double
the fee the provider should have paid.
(5)
Notwithstanding clause (1), a license holder providing services under one or
more licenses under chapter 245B that are in effect on May 15, 2013, shall pay
an annual license fee for calendar years 2014, 2015, and 2016, equal to the
total license fees paid by the license holder for all licenses held under
chapter 245B for calendar year 2013. For
calendar year 2017 and thereafter, the license holder shall pay an annual
license fee according to clause (1).
(i) (c) A chemical
dependency treatment program licensed under Minnesota Rules, parts 9530.6405 to
9530.6505, to provide chemical dependency treatment shall pay an annual
nonrefundable license fee based on the following schedule:
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Licensed Capacity |
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License Fee |
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1 to 24 persons |
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$600 |
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25 to 49 persons |
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$800 |
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50 to 74 persons |
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$1,000 |
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75 to 99 persons |
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$1,200 |
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100 or more persons |
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$1,400 |
(j) (d) A chemical dependency program licensed under Minnesota Rules, parts 9530.6510 to 9530.6590, to provide detoxification services shall pay an annual nonrefundable license fee based on the following schedule:
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Licensed Capacity |
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License Fee |
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1 to 24 persons |
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$760 |
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25 to 49 persons |
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$960 |
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50 or more persons |
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$1,160 |
(k) (e) Except for child foster
care, a residential facility licensed under Minnesota Rules, chapter 2960, to
serve children shall pay an annual nonrefundable license fee based on the
following schedule:
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Licensed Capacity |
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License Fee |
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1 to 24 persons |
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$1,000 |
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25 to 49 persons |
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$1,100 |
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50 to 74 persons |
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$1,200 |
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75 to 99 persons |
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$1,300 |
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100 or more persons |
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$1,400 |
(l) (f) A residential
facility licensed under Minnesota Rules, parts 9520.0500 to 9520.0670, to serve
persons with mental illness shall pay an annual nonrefundable license fee based
on the following schedule:
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Licensed Capacity |
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License Fee |
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1 to 24 persons |
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$2,525 |
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25 or more persons |
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$2,725 |
(m) (g) A residential
facility licensed under Minnesota Rules, parts 9570.2000 to 9570.3400, to serve
persons with physical disabilities shall pay an annual nonrefundable license
fee based on the following schedule:
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Licensed Capacity |
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License Fee |
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1 to 24 persons |
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$450 |
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25 to 49 persons |
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$650 |
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50 to 74 persons |
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$850 |
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75 to 99 persons |
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$1,050 |
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100 or more persons |
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$1,250 |
(n) (h) A program licensed to
provide independent living assistance for youth under section 245A.22 shall pay
an annual nonrefundable license fee of $1,500.
(o) (i) A private agency
licensed to provide foster care and adoption services under Minnesota Rules,
parts 9545.0755 to 9545.0845, shall pay an annual nonrefundable license fee of
$875.
(p) (j) A program licensed as
an adult day care center licensed under Minnesota Rules, parts 9555.9600 to
9555.9730, shall pay an annual nonrefundable license fee based on the following
schedule:
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Licensed Capacity |
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License Fee |
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1 to 24 persons |
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$500 |
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25 to 49 persons |
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$700 |
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50 to 74 persons |
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$900 |
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75 to 99 persons |
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$1,100 |
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100 or more persons |
|
$1,300 |
(q) (k) A program licensed to provide treatment services to persons with sexual psychopathic personalities or sexually dangerous persons under Minnesota Rules, parts 9515.3000 to 9515.3110, shall pay an annual nonrefundable license fee of $20,000.
(r) (l) A mental health center or mental
health clinic requesting certification for purposes of insurance and subscriber
contract reimbursement under Minnesota Rules, parts 9520.0750 to 9520.0870,
shall pay a certification fee of $1,550 per year. If the mental health center or mental health
clinic provides services at a primary location with satellite facilities, the
satellite facilities shall be certified with the primary location without an
additional charge.
Subd. 6. License not issued until license or certification fee is paid. The commissioner shall not issue a license or certification until the license or certification fee is paid. The commissioner shall send a bill for the license or certification fee to the billing address identified by the license holder. If the license holder does not submit the license or certification fee payment by the due date, the commissioner shall send the license holder a past due notice. If the license holder fails to pay the license or certification fee by the due date on the past due notice, the commissioner shall send a final notice to the license holder informing the license holder that the program license will expire on December 31 unless the license fee is paid before December 31. If a license expires, the program is no longer licensed and, unless exempt from licensure under section 245A.03, subdivision 2, must not operate after the expiration date. After a license expires, if the former license holder wishes to provide licensed services, the former license holder must submit a new license application and application fee under subdivision 3.
Subd. 7. Human services licensing fees to recover expenditures. Notwithstanding section 16A.1285, subdivision 2, related to activities for which the commissioner charges a fee, the commissioner must plan to fully recover direct expenditures for licensing activities under this chapter over a five-year period. The commissioner may have anticipated expenditures in excess of anticipated revenues in a biennium by using surplus revenues accumulated in previous bienniums.
Subd. 8. Deposit of license fees. A human services licensing account is created in the state government special revenue fund. Fees collected under subdivisions 3 and 4 must be deposited in the human services licensing account and are annually appropriated to the commissioner for licensing activities authorized under this chapter.
EFFECTIVE
DATE. This section is
effective July 1, 2013.
Sec. 16. Minnesota Statutes 2012, section 245A.11, subdivision 2a, is amended to read:
Subd. 2a. Adult foster care and community residential setting license capacity. (a) The commissioner shall issue adult foster care and community residential setting 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 The
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.
(c) The commissioner may grant variances
to paragraph (b) to allow a foster care provider facility 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 facility 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 facility is located.
(e) The commissioner may grant
a variance to paragraph (b) to allow for the use of a fifth bed for respite
services, as defined in section 245A.02, for persons with disabilities,
regardless of age, if the variance complies with sections 245A.03, subdivision
7, and 245A.04, subdivision 9, and approval of the variance is recommended by
the county in which the licensed foster care provider facility is
licensed located. Respite
care may be provided under the following conditions:
(1) staffing ratios cannot be reduced below the approved level for the individuals being served in the home on a permanent basis;
(2) no more than two different individuals can be accepted for respite services in any calendar month and the total respite days may not exceed 120 days per program in any calendar year;
(3) the person receiving respite services
must have his or her own bedroom, which could be used for alternative purposes
when not used as a respite bedroom, and cannot be the room of another person
who lives in the foster care home facility; and
(4) individuals living in the foster
care home facility must be notified when the variance is approved. The provider must give 60 days' notice in
writing to the residents and their legal representatives prior to accepting the
first respite placement. Notice must be
given to residents at least two days prior to service initiation, or as soon as
the license holder is able if they receive notice of the need for respite less
than two days prior to initiation, each time a respite client will be served,
unless the requirement for this notice is waived by the resident or legal
guardian.
(f) The commissioner may issue an adult foster care or community residential setting license with a capacity of five adults if the fifth bed does not increase the overall statewide capacity of licensed adult foster care or community residential setting beds in homes that are not the primary residence of the license holder, 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 remain 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, 2011.
(g) The commissioner shall not issue a new
adult foster care license under paragraph (f) after June 30, 2016. The
commissioner shall allow a facility with an adult foster care license issued
under paragraph (f) before June 30, 2016, to continue with a capacity of five adults if the license holder continues
to comply with the requirements in paragraph (f).
Sec. 17. Minnesota Statutes 2012, section 245A.11, subdivision 7, is amended to read:
Subd. 7. Adult foster care; variance for alternate overnight supervision. (a) The commissioner may grant a variance under section 245A.04, subdivision 9, to rule parts requiring a caregiver to be present in an adult foster care home during normal sleeping hours to allow for alternative methods of overnight supervision. The commissioner may grant the variance if the local county licensing agency recommends the variance and the county recommendation includes documentation verifying that:
(1) the county has approved the license holder's plan for alternative methods of providing overnight supervision and determined the plan protects the residents' health, safety, and rights;
(2) the license holder has obtained written and signed informed consent from each resident or each resident's legal representative documenting the resident's or legal representative's agreement with the alternative method of overnight supervision; and
(3) the alternative method of providing overnight supervision, which may include the use of technology, 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.
(b) To be eligible for a variance under paragraph (a), the adult foster care license holder must not have had a conditional license issued under section 245A.06, or any other licensing sanction issued under section 245A.07 during the prior 24 months based on failure to provide adequate supervision, health care services, or resident safety in the adult foster care home.
(c) A license holder requesting a variance under this subdivision to utilize technology as a component of a plan for alternative overnight supervision may request the commissioner's review in the absence of a county recommendation. Upon receipt of such a request from a license holder, the commissioner shall review the variance request with the county.
(d) A variance granted by the
commissioner according to this subdivision before January 1, 2014, to a license
holder for an adult foster care home must transfer with the license when the
license converts to a community residential setting license under chapter 245D. The terms and conditions of the variance
remain in effect as approved at the time the variance was granted.
Sec. 18. Minnesota Statutes 2012, section 245A.11, subdivision 7a, is amended to read:
Subd. 7a. Alternate
overnight supervision technology; adult foster care license and
community residential setting licenses.
(a) The commissioner may grant an applicant or license holder an
adult foster care or community residential setting license for a
residence that does not have a caregiver in the residence during normal
sleeping hours as required under Minnesota Rules, part 9555.5105, subpart 37,
item B, or section 245D.02, subdivision 33b, but uses monitoring
technology to alert the license holder when an incident occurs that may
jeopardize the health, safety, or rights of a foster care recipient. The applicant or license holder must comply
with all other requirements under Minnesota Rules, parts 9555.5105 to
9555.6265, or applicable requirements under chapter 245D, and the
requirements under this subdivision. The
license printed by the commissioner must state in bold and large font:
(1) that the facility is under electronic monitoring; and
(2) the telephone number of the county's common entry point for making reports of suspected maltreatment of vulnerable adults under section 626.557, subdivision 9.
(b) Applications for a license under this
section must be submitted directly to the Department of Human Services
licensing division. The licensing
division must immediately notify the host county and lead county contract
agency and the host county licensing agency. The licensing division must collaborate with
the county licensing agency in the review of the application and the licensing
of the program.
(c) Before a license is issued by the commissioner, and for the duration of the license, the applicant or license holder must establish, maintain, and document the implementation of written policies and procedures addressing the requirements in paragraphs (d) through (f).
(d) The applicant or license holder must have policies and procedures that:
(1) establish characteristics of target populations that will be admitted into the home, and characteristics of populations that will not be accepted into the home;
(2) explain the discharge process when a foster
care recipient resident served by the program requires overnight
supervision or other services that cannot be provided by the license holder due
to the limited hours that the license holder is on site;
(3) describe the types of events to which the program will respond with a physical presence when those events occur in the home during time when staff are not on site, and how the license holder's response plan meets the requirements in paragraph (e), clause (1) or (2);
(4) establish a process for documenting a review of the implementation and effectiveness of the response protocol for the response required under paragraph (e), clause (1) or (2). The documentation must include:
(i) a description of the triggering incident;
(ii) the date and time of the triggering incident;
(iii) the time of the response or responses under paragraph (e), clause (1) or (2);
(iv) whether the response met the resident's needs;
(v) whether the existing policies and response protocols were followed; and
(vi) whether the existing policies and protocols are adequate or need modification.
When no physical presence response is completed for a three-month period, the license holder's written policies and procedures must require a physical presence response drill to be conducted for which the effectiveness of the response protocol under paragraph (e), clause (1) or (2), will be reviewed and documented as required under this clause; and
(5) establish that emergency and nonemergency phone numbers are posted in a prominent location in a common area of the home where they can be easily observed by a person responding to an incident who is not otherwise affiliated with the home.
(e) The license holder must document and
include in the license application which response alternative under clause (1)
or (2) is in place for responding to situations that present a serious risk to
the health, safety, or rights of people receiving foster care services in
the home residents served by the program:
(1) response alternative (1) requires only the technology to provide an electronic notification or alert to the license holder that an event is underway that requires a response. Under this alternative, no more than ten minutes will pass before the license holder will be physically present on site to respond to the situation; or
(2) response alternative (2) requires the electronic notification and alert system under alternative (1), but more than ten minutes may pass before the license holder is present on site to respond to the situation. Under alternative (2), all of the following conditions are met:
(i) the license holder has a written
description of the interactive technological applications that will assist the
license holder in communicating with and assessing the needs related to the
care, health, and safety of the foster care recipients. This interactive technology must permit the
license holder to remotely assess the well being of the foster care
recipient resident served by the program without requiring the
initiation of the foster care recipient.
Requiring the foster care recipient to initiate a telephone call does
not meet this requirement;
(ii) the license holder documents how the remote license holder is qualified and capable of meeting the needs of the foster care recipients and assessing foster care recipients' needs under item (i) during the absence of the license holder on site;
(iii) the license holder maintains written procedures to dispatch emergency response personnel to the site in the event of an identified emergency; and
(iv) each foster care recipient's resident's
individualized plan of care, individual service plan coordinated
service and support plan under section sections 256B.0913,
subdivision 8; 256B.0915, subdivision 6; 256B.092, subdivision 1b; and
256B.49, subdivision 15, if required, or individual resident placement
agreement under Minnesota Rules, part 9555.5105, subpart 19, if required,
identifies the maximum response time, which may be greater than ten minutes,
for the license holder to be on site for that foster care recipient resident.
(f) Each foster care recipient's resident's
placement agreement, individual service agreement, and plan must clearly state
that the adult foster care or community residential setting license
category is a program without the presence of a caregiver in the residence
during normal sleeping hours; the protocols in place for responding to
situations that present a serious risk to the health, safety, or rights of foster
care recipients residents served by the program under paragraph (e),
clause (1) or (2); and a signed informed consent from each foster care
recipient resident served by the program or the person's legal
representative documenting the person's or legal representative's agreement
with placement in the program. If
electronic monitoring technology is used in the home, the informed consent form
must also explain the following:
(1) how any electronic monitoring is incorporated into the alternative supervision system;
(2) the backup system for any electronic monitoring in times of electrical outages or other equipment malfunctions;
(3) how the caregivers or direct support staff are trained on the use of the technology;
(4) the event types and license holder response times established under paragraph (e);
(5) how the license holder protects the
foster care recipient's each resident's privacy related to
electronic monitoring and related to any electronically recorded data generated
by the monitoring system. A foster
care recipient resident served by the program may not be removed
from a program under this subdivision for failure to consent to electronic
monitoring. The consent form must
explain where and how the electronically recorded data is stored, with whom it
will be shared, and how long it is retained; and
(6) the risks and benefits of the alternative overnight supervision system.
The
written explanations under clauses (1) to (6) may be accomplished through
cross-references to other policies and procedures as long as they are explained
to the person giving consent, and the person giving consent is offered a copy.
(g) Nothing in this section requires the applicant or license holder to develop or maintain separate or duplicative policies, procedures, documentation, consent forms, or individual plans that may be required for other licensing standards, if the requirements of this section are incorporated into those documents.
(h) The commissioner may grant variances to the requirements of this section according to section 245A.04, subdivision 9.
(i) For the purposes of paragraphs (d) through (h), "license holder" has the meaning under section 245A.2, subdivision 9, and additionally includes all staff, volunteers, and contractors affiliated with the license holder.
(j) For the purposes of paragraph (e), the terms "assess" and "assessing" mean to remotely determine what action the license holder needs to take to protect the well-being of the foster care recipient.
(k) The commissioner shall evaluate license applications using the requirements in paragraphs (d) to (f). The commissioner shall provide detailed application forms, including a checklist of criteria needed for approval.
(l) To be eligible for a license under paragraph (a), the adult foster care or community residential setting license holder must not have had a conditional license issued under section 245A.06 or any licensing sanction under section 245A.07 during the prior 24 months based on failure to provide adequate supervision, health care services, or resident safety in the adult foster care home or community residential setting.
(m) The commissioner shall review an application for an alternative overnight supervision license within 60 days of receipt of the application. When the commissioner receives an application 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. The commissioner shall complete subsequent review within 30 days.
(n) Once the application is considered complete under paragraph (m), the commissioner will approve or deny an application for an alternative overnight supervision license within 60 days.
(o) For the purposes of this subdivision, "supervision" means:
(1) oversight by a caregiver or direct support staff as specified in the individual resident's place agreement or coordinated service and support plan and awareness of the resident's needs and activities; and
(2) the presence of a caregiver or direct support staff in a residence during normal sleeping hours, unless a determination has been made and documented in the individual's coordinated service and support plan that the individual does not require the presence of a caregiver or direct support staff during normal sleeping hours.
Sec. 19. Minnesota Statutes 2012, section 245A.11, subdivision 7b, is amended to read:
Subd. 7b. Adult foster care data privacy and security. (a) An adult foster care or community residential setting license holder who creates, collects, records, maintains, stores, or discloses any individually identifiable recipient data, whether in an electronic or any other format, must comply with the privacy and security provisions of applicable privacy laws and regulations, including:
(1) the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104-1; and the HIPAA Privacy Rule, Code of Federal Regulations, title 45, part 160, and subparts A and E of part 164; and
(2) the Minnesota Government Data Practices Act as codified in chapter 13.
(b) For purposes of licensure, the license holder shall be monitored for compliance with the following data privacy and security provisions:
(1) the license holder must control access
to data on foster care recipients residents served by the program
according to the definitions of public and private data on individuals under
section 13.02; classification of the data on individuals as private under
section 13.46, subdivision 2; and control over the collection, storage, use,
access, protection, and contracting related to data according to section 13.05,
in which the license holder is assigned the duties of a government entity;
(2) the license holder must provide each foster
care recipient resident served by the program with a notice that
meets the requirements under section 13.04, in which the license holder is
assigned the duties of the government entity, and that meets the requirements
of Code of Federal Regulations, title 45, part 164.52. The notice shall describe the purpose for
collection of the data, and to whom and why it may be disclosed pursuant to law. The notice must inform the recipient individual
that the license holder uses electronic monitoring and, if applicable, that
recording technology is used;
(3) the license holder must not install monitoring cameras in bathrooms;
(4) electronic monitoring cameras must not
be concealed from the foster care recipients residents served by the
program; and
(5) electronic video and audio recordings
of foster care recipients residents served by the program shall
be stored by the license holder for five days unless: (i) a foster care recipient resident
served by the program or legal representative requests that the recording
be held longer based on a specific report of alleged maltreatment; or (ii) the
recording captures an incident or event of alleged maltreatment under section
626.556 or 626.557 or a crime under chapter 609. When requested by a recipient resident
served by the program or when a recording captures an incident or event of
alleged maltreatment or a crime, the license holder must maintain the recording
in a secured area for no longer than 30 days to give the investigating agency
an opportunity to make a copy of the recording.
The investigating agency will maintain the electronic video or audio
recordings as required in section 626.557, subdivision 12b.
(c) The commissioner shall develop, and make available to license holders and county licensing workers, a checklist of the data privacy provisions to be monitored for purposes of licensure.
Sec. 20. Minnesota Statutes 2012, 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, 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)
section 245D.02, subdivision 4a, must be required to obtain a community
residential setting license.
Sec. 21. Minnesota Statutes 2012, section 245A.16, subdivision 1, is amended to read:
Subdivision 1. Delegation of authority to agencies. (a) County agencies and private agencies that have been designated or licensed by the commissioner to perform licensing functions and activities under section 245A.04 and background studies for family child care under chapter 245C; to recommend denial of applicants under section 245A.05; to issue correction orders, to issue variances, and recommend a conditional license under section 245A.06, or to recommend suspending or revoking a license or issuing a fine under section 245A.07, shall comply with rules and directives of the commissioner governing those functions and with this section. The following variances are excluded from the delegation of variance authority and may be issued only by the commissioner:
(1) dual licensure of family child care and child foster care, dual licensure of child and adult foster care, and adult foster care and family child care;
(2) adult foster care maximum capacity;
(3) adult foster care minimum age requirement;
(4) child foster care maximum age requirement;
(5) variances regarding disqualified
individuals except that county agencies may issue variances under section
245C.30 regarding disqualified individuals when the county is responsible for
conducting a consolidated reconsideration according to sections 245C.25 and
245C.27, subdivision 2, clauses (a) and (b), of a county maltreatment
determination and a disqualification based on serious or recurring
maltreatment; and
(6) the required presence of a caregiver in
the adult foster care residence during normal sleeping hours; and
(7) variances for community residential setting licenses under chapter 245D.
Except as provided in section 245A.14, subdivision 4, paragraph (e), a county agency must not grant a license holder a variance to exceed the maximum allowable family child care license capacity of 14 children.
(b) County agencies must report information about disqualification reconsiderations under sections 245C.25 and 245C.27, subdivision 2, paragraphs (a) and (b), and variances granted under paragraph (a), clause (5), to the commissioner at least monthly in a format prescribed by the commissioner.
(c) For family day care programs, the commissioner may authorize licensing reviews every two years after a licensee has had at least one annual review.
(d) For family adult day services programs, the commissioner may authorize licensing reviews every two years after a licensee has had at least one annual review.
(e) A license issued under this section may be issued for up to two years.
(f) During implementation of chapter
245D, the commissioner shall consider:
(1) the role of counties in quality
assurance;
(2) the duties of county licensing
staff; and
(3) the possible use of joint powers
agreements, according to section 471.59, with counties through which some
licensing duties under chapter 245D may be delegated by the commissioner to the
counties.
Any consideration related to
this paragraph must meet all of the requirements of the corrective action plan
ordered by the federal Centers for Medicare and Medicaid Services.
Sec. 22. Minnesota Statutes 2012, section 245D.02, is amended to read:
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. 2a. Authorized
representative. "Authorized
representative" means a parent, family member, advocate, or other adult
authorized by the person or the person's legal representative, to serve as a
representative in connection with the provision of services licensed under this
chapter. This authorization must be in
writing or by another method that clearly indicates the person's free choice. The authorized representative must have no financial
interest in the provision of any services included in the person's service
delivery plan and must be capable of providing the support necessary to assist
the person in the use of home and community-based services licensed under this
chapter.
Subd. 2b. Aversive
procedure. "Aversive
procedure" means the application of an aversive stimulus contingent upon
the occurrence of a behavior for the purposes of reducing or eliminating the
behavior.
Subd. 2c. Aversive
stimulus. "Aversive
stimulus" means an object, event, or situation that is presented
immediately following a behavior in an attempt to suppress the behavior. Typically, an aversive stimulus is unpleasant
and penalizes or confines.
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. 3a. Certification. "Certification" means the
commissioner's written authorization for a license holder to provide
specialized services based on certification standards in section 245D.33. The term certification and its derivatives
have the same meaning and may be substituted for the term licensure and its
derivatives in this chapter and chapter 245A.
Subd. 3b. Chemical
restraint. "Chemical
restraint" means the administration of a drug or medication to control the
person's behavior or restrict the person's freedom of movement and is not a
standard treatment or dosage for the person's medical or psychological
condition.
Subd. 4. Commissioner. "Commissioner" means the commissioner of the Department of Human Services or the commissioner's designated representative.
Subd. 4a. Community
residential setting. "Community
residential setting" means a residential program as identified in section
245A.11, subdivision 8, where residential supports and services identified in
section 245D.03, subdivision 1, paragraph (c), clause (3), items (i) and (ii),
are provided and the license holder is the owner, lessor, or tenant of the
facility licensed according to this chapter, and the license holder does not
reside in the facility.
Subd. 4b. Coordinated
service and support plan. "Coordinated
service and support plan" has the meaning given in sections 256B.0913,
subdivision 8; 256B.0915, subdivision 6; 256B.092, subdivision 1b; and 256B.49,
subdivision 15, or successor provisions.
Subd. 4c. Coordinated
service and support plan addendum. "Coordinated
service and support plan addendum" means the documentation that this
chapter requires of the license holder for each person receiving services.
Subd. 4d. Corporate
foster care. "Corporate
foster care" means a child foster residence setting licensed according to
Minnesota Rules, parts 2960.0010 to 2960.3340, or an adult foster care home
licensed according to Minnesota Rules, parts 9555.5105 to 9555.6265, where the
license holder does not live in the home.
Subd. 4e. Cultural competence or culturally competent. "Cultural competence" or
"culturally competent" means the ability and the will to respond to
the unique needs of a person that arise from the person's culture and the
ability to use the person's culture as a resource or tool to assist with the intervention
and help meet the person's needs.
Subd. 4f. Day
services facility. "Day
services facility" means a facility licensed according to this chapter at
which persons receive day services licensed under this chapter from the license
holder's direct support staff for a cumulative total of more than 30 days
within any 12-month period and the license holder is the owner, lessor, or
tenant of the facility.
Subd. 5. Department. "Department" means the Department of Human Services.
Subd. 5a. Deprivation
procedure. "Deprivation
procedure" means the removal of a positive reinforcer following a response
resulting in, or intended to result in, a decrease in the frequency, duration,
or intensity of that response. Oftentimes
the positive reinforcer available is goods, services, or activities to which
the person is normally entitled. The
removal is often in the form of a delay or postponement of the positive
reinforcer.
Subd. 6. Direct contact. "Direct contact" has the meaning given in section 245C.02, subdivision 11, and is used interchangeably with the term "direct support service."
Subd. 6a. Direct
support staff or staff. "Direct
support staff" or "staff" means employees of the license holder
who have direct contact with persons served by the program and includes
temporary staff or subcontractors, regardless of employer, providing program
services for hire under the control of the license holder who have direct
contact with persons served by the program.
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 for more than 24 hours.
Subd. 8a. Emergency
use of manual restraint. "Emergency
use of manual restraint" means using a manual restraint when a person
poses an imminent risk of physical harm to self or others and is the least
restrictive intervention that would achieve safety. Property damage, verbal aggression, or a
person's refusal to receive or participate in treatment or programming on their
own, do not constitute an emergency.
Subd. 8b. Expanded
support team. "Expanded
support team" means the members of the support team defined in subdivision
46, and a licensed health or mental health professional or other licensed,
certified, or qualified professionals or consultants working with the person
and included in the team at the request of the person or the person's legal
representative.
Subd. 8c. Family
foster care. "Family
foster care" means a child foster family setting licensed according to
Minnesota Rules, parts 2960.0010 to 2960.3340, or an adult foster care home
licensed according to Minnesota Rules, parts 9555.5105 to 9555.6265, where the
license holder lives in the home.
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 identified in section 245D.03, subdivision 1,
and as defined in:
(1) the federal federally
approved 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 waivers for persons with disabilities under
section 256B.49, subdivision 11, including the brain injury (BI) waiver,
plan; the community alternative care (CAC) waiver, plan; the
community alternatives for disabled individuals (CADI) waiver, plan;
the developmental disability (DD) waiver, plan under section
256B.092, subdivision 5; the elderly waiver (EW), and plan under
section 256B.0915, subdivision 1; or successor plans respective to each waiver;
or
(2) the alternative care (AC) program under section 256B.0913.
Subd. 11. Incident. "Incident" means an occurrence that
affects the which involves a person and requires the program to make a
response that is not a part of the program's ordinary provision of services
to a that person, and includes any of the following:
(1) serious injury of a person 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
the program to call 911 or a mental health crisis intervention team,
physician treatment, or hospitalization;
(4) any mental health crisis that
requires the program to call 911 or a mental health crisis intervention team;
(5) an act or situation involving a
person that requires the program to call 911, law enforcement, or the fire
department;
(4) (6) a person's
unauthorized or unexplained absence from a program;
(5) (7) physical
aggression conduct 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;:
(i) is so severe, pervasive, or
objectively offensive that it substantially interferes with a person's
opportunities to participate in or receive service or support;
(ii) places the person in actual and
reasonable fear of harm;
(iii) places the person in actual and
reasonable fear of damage to property of the person; or
(iv) substantially disrupts the orderly
operation of the program;
(6) (8) any sexual
activity between persons receiving services involving force or coercion as
defined under section 609.341, subdivisions 3 and 14; or
(9) any emergency use of manual
restraint as identified in section 245D.061; or
(7) (10) a report of alleged or suspected
child or vulnerable adult maltreatment under section 626.556 or 626.557.
Subd. 11a. Intermediate
care facility for persons with developmental disabilities or ICF/DD. "Intermediate care facility for
persons with developmental disabilities" or "ICF/DD" means a
residential program licensed to serve four or more persons with developmental
disabilities under section 252.28 and chapter 245A and licensed as a supervised
living facility under chapter 144, which together are certified by the
Department of Health as an intermediate care facility for persons with
developmental disabilities.
Subd. 11b. Least
restrictive alternative. "Least
restrictive alternative" means the alternative method for providing
supports and services that is the least intrusive and most normalized given the
level of supervision and protection required for the person. This level of supervision and protection
allows risk taking to the extent that there is no reasonable likelihood that
serious harm will happen to the person or others.
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.
Other representatives with legal authority to make decisions include
but are not limited to a health care agent or an attorney-in-fact authorized
through a health care directive or power of attorney.
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. 15a. Manual
restraint. "Manual
restraint" means physical intervention intended to hold a person immobile
or limit a person's voluntary movement by using body contact as the only source
of physical restraint.
Subd. 15b. Mechanical
restraint. Except for devices
worn by the person that trigger electronic alarms to warn staff that a person
is leaving a room or area, which do not, in and of themselves, restrict freedom
of movement, or the use of adaptive aids or equipment or orthotic devices
ordered by a health care professional used to treat or manage a medical
condition, "mechanical restraint" means the use of devices,
materials, or equipment attached or adjacent to the person's body, or the use
of practices that are intended to restrict freedom of movement or normal access
to one's body or body parts, or limits a person's voluntary movement or holds a
person immobile as an intervention precipitated by a person's behavior. The term applies to the use of mechanical
restraint used to prevent injury with persons who engage in self-injurious
behaviors, such as head-banging, gouging, or other actions resulting in tissue
damage that have caused or could cause medical problems resulting from the
self-injury.
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;
(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 a mental health crisis
response providers provider as identified in section 256B.0624,
subdivision 2, paragraph (d), for adults, and in section 256B.0944, subdivision
1, paragraph (d), for children.
Subd. 20a. Most
integrated setting. "Most
integrated setting" means a setting that enables individuals with
disabilities to interact with nondisabled persons to the fullest extent
possible.
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. 21a. Outcome. "Outcome" means the
behavior, action, or status attained by the person that can be observed,
measured, and determined reliable and valid.
Subd. 22. Person. "Person" has the meaning given in section 245A.02, subdivision 11.
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. 23a. Physician. "Physician" means a person
who is licensed under chapter 147.
Subd. 23b. Positive
support transition plan. "Positive
support transition plan" means the plan required in section 245D.06,
subdivision 5, paragraph (b), to be developed by the expanded support team to
implement positive support strategies to:
(1) eliminate the use of prohibited
procedures as identified in section 245D.06, subdivision 5, paragraph (a);
(2) avoid the emergency use of manual
restraint as identified in section 245D.061; and
(3) prevent the person from physically
harming self or others.
Subd. 24. Prescriber. "Prescriber" means a licensed
practitioner as defined in section 151.01, subdivision 23, person
who is authorized under section 148.235; 151.01, subdivision 23; or
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 16.
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 manual restraint as defined in subdivision 15a or
mechanical restraint as defined in subdivision 15b, or any other form of restraint
that results in 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 the placement of
a person alone in a room from which exit is prohibited by a staff person or a
mechanism such as a lock, a device, or an object positioned to hold the door
closed or otherwise prevent the person from leaving the room.
Subd. 29a.
Subd. 29b. Semi-independent
living services. "Semi-independent
living services" has the meaning given in section 252.275.
Subd. 30. Service. "Service" means care, training, supervision, counseling, consultation, or medication assistance assigned to the license holder in the coordinated service and support 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. 33a. Supervised
living facility. "Supervised
living facility" has the meaning given in Minnesota Rules, part 4665.0100,
subpart 10.
Subd. 33b. Supervision. (a) "Supervision" means:
(1) oversight by direct support staff as
specified in the person's coordinated service and support plan or coordinated
service and support plan addendum and awareness of the person's needs and
activities;
(2) responding to situations that
present a serious risk to the health, safety, or rights of the person while
services are being provided; and
(3) the presence of direct support staff
at a service site while services are being provided, unless a determination has
been made and documented in the person's coordinated service and support plan
or coordinated service and support plan addendum that the person does not
require the presence of direct support staff while services are being provided.
(b) For the purposes of this definition,
"while services are being provided," means any period of time during
which the license holder will seek reimbursement for services.
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. 34a. Time out. "Time out" means removing a
person involuntarily from an ongoing activity to a room, either locked or
unlocked, or otherwise separating a person from others in a way that prevents
social contact and prevents the person from leaving the situation if the person
chooses. For the purpose of chapter
245D, "time out" does not mean voluntary removal or self-removal for
the purpose of calming, prevention of escalation, or de-escalation of behavior
for a period of up to 15 minutes.
"Time out" does not include a person voluntarily moving from
an ongoing activity to an unlocked room or otherwise separating from a
situation or social contact with others if the person chooses. For the purposes of this definition,
"voluntarily" means without being forced, compelled, or coerced.
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.
Subd. 35a. Treatment. "Treatment" means the
provision of care, other than medications, ordered or prescribed by a licensed
health or mental health professional, provided to a person to cure,
rehabilitate, or ease symptoms.
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.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 23. Minnesota Statutes 2012, section 245D.03, is amended to read:
245D.03
APPLICABILITY AND EFFECT.
Subdivision 1. Applicability. (a) 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 basic support services: and intensive support 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.
(b) Basic support services provide the
level of assistance, supervision, and care that is necessary to ensure the
health and safety of the person and do not include services that are
specifically directed toward the training, treatment, habilitation, or
rehabilitation of the person. Basic
support services include:
(1) in-home and out-of-home respite
care services as defined in section 245A.02, subdivision 15, and under the
brain injury, community alternative care, community alternatives for disabled
individuals, developmental disability, and elderly waiver plans;
(2)
companion services as defined under the brain injury, community alternatives
for disabled individuals, and elderly waiver 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;
(3) personal support as defined under
the developmental disability waiver plan;
(4) 24-hour emergency assistance,
personal emergency response as defined under the community alternatives for
disabled individuals and developmental disability waiver plans;
(5) night supervision services as
defined under the brain injury waiver plan; and
(6) homemaker services as defined under
the community alternatives for disabled individuals, brain injury, community
alternative care, developmental disability, and elderly waiver plans, excluding
providers licensed by the Department of Health under chapter 144A and those
providers providing cleaning services only.
(c) Intensive support services provide
assistance, supervision, and care that is necessary to ensure the health and
safety of the person and services specifically directed toward the training, habilitation,
or rehabilitation of the person. Intensive
support services include:
(1) intervention services, including:
(i) behavioral support services as
defined under the brain injury and community alternatives for disabled
individuals waiver plans;
(ii) in-home or out-of-home crisis
respite services as defined under the developmental disability waiver plan; and
(iii) specialist services as defined
under the current developmental disability waiver plan;
(2) in-home support services,
including:
(i)
in-home family support and supported living services as defined under the
developmental disability waiver plan;
(ii) independent living services
training as defined under the brain injury and community alternatives for
disabled individuals waiver plans; and
(iii) semi-independent living services;
(3) residential supports and services,
including:
(i) supported living services
as defined under the developmental disability waiver plan provided in a family
or corporate child foster care residence, a family adult foster care residence,
a community residential setting, or a supervised living facility;
(ii) foster care services as defined in
the brain injury, community alternative care, and community alternatives for
disabled individuals waiver plans provided in a family or corporate child
foster care residence, a family adult foster care residence, or a community
residential setting; and
(iii) residential services provided in
a supervised living facility that is certified by the Department of Health as
an ICF/DD;
(4) day services, including:
(i) structured day services as defined
under the brain injury waiver plan;
(ii) day training and habilitation
services under sections 252.40 to 252.46, and as defined under the
developmental disability waiver plan; and
(iii) prevocational services as defined
under the brain injury and community alternatives for disabled individuals
waiver plans; and
(5) supported employment as defined
under the brain injury, developmental disability, and community alternatives
for disabled individuals waiver 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. A corporate or family child foster care
site controlled by a license holder and providing services governed by this
chapter is exempt from compliance with section 245D.04. This exemption applies to foster care homes
where at least one resident is receiving residential supports and services
licensed according to this chapter. This
chapter does not apply to corporate or family child foster care homes that do
not provide services licensed under this chapter.
(c) A family adult foster care site
controlled by a license holder and providing services governed by this chapter
is exempt from compliance with Minnesota Rules, parts 9555.6185; 9555.6225;
9555.6245; 9555.6255; and 9555.6265. These
exemptions apply to family adult foster care homes where at least one resident
is receiving residential supports and services licensed according to this
chapter. This chapter does not apply to
family adult foster care homes that do not provide services licensed under this
chapter.
(d) A license holder providing services
licensed according to this chapter in a supervised living facility is exempt from compliance with sections 245D.04; 245D.05,
subdivision 2; and 245D.06, subdivision 2, clauses (1), (4), and (5).
(e) A license holder providing
residential services to persons in an ICF/DD is exempt from compliance with
sections 245D.04; 245D.05, subdivision 1b; 245D.06, subdivision 2, clauses (4)
and (5); 245D.071, subdivisions 4 and 5; 245D.081, subdivision 2; 245D.09,
subdivision 7; 245D.095, subdivision 2; and 245D.11, subdivision 3.
(c) (f) A license holder concurrently
providing home care homemaker services registered licensed
according to sections 144A.43 to 144A.49 to the same person receiving home
management services licensed under this chapter and registered according to chapter 144A is exempt from compliance
with 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.
(g) Nothing in this chapter prohibits a
license holder from concurrently serving persons without disabilities or people
who are or are not age 65 and older, provided this chapter's standards are met
as well as other relevant standards.
(h) The documentation required under
sections 245D.07 and 245D.071 must meet the individual program plan
requirements identified in section 256B.092 or successor provisions.
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) 245D.06,
subdivision 4, paragraph (b), and 245D.061, subdivision 3, 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.
Subd. 5. Program
certification. An applicant
or a license holder may apply for program certification as identified in
section 245D.33.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 24. Minnesota Statutes 2012, section 245D.04, is amended to read:
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 coordinated service and support 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;
(2) have services and supports identified in the coordinated service and support plan and the coordinated service and support plan addendum provided in a manner that respects and takes into consideration the person's preferences according to the requirements in sections 245D.07 and 245D.071;
(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, including the license holder's knowledge, skill, and ability to meet the person's service and support needs;
(5) know conditions and terms governing the provision of services, including the license holder's admission criteria and policies and procedures related to temporary service suspension and service termination;
(6) a coordinated transfer to ensure
continuity of care when there will be a change in the provider;
(7) 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) (8) 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) (9) 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 coordinated service and
support plan. or
coordinated service and support plan addendum.
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, time out,
or seclusion used for a purpose other than except for emergency use
of manual restraint to protect the person from imminent danger to self or
others according to the requirements in section 245D.06;
(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;
(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) have use of and free access to common areas in the residence; and
(4) 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 subdivision 2, clause (10), or
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 person's coordinated service and support
plan for the person and or coordinated service and support plan
addendum. The restriction must be
implemented in the least restrictive alternative manner necessary to protect
the person and provide support to reduce or eliminate the need for the
restriction in the most integrated setting and inclusive manner. The documentation 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 semiannually from the date of initial approval, at
a minimum, or more frequently if requested by the person, the person's legal
representative, if any, and case manager; 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.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 25. Minnesota Statutes 2012, section 245D.05, is amended to read:
245D.05
HEALTH SERVICES.
Subdivision 1. Health
needs. (a) The license holder is
responsible for providing meeting health services service
needs assigned in the coordinated service and support plan and
or the coordinated service and support plan addendum, consistent with
the person's health needs. The license
holder is responsible for promptly notifying the person or the person's
legal representative, if any, and the case manager of changes in a
person's physical and mental health needs affecting assigned health services
service needs assigned to the license holder in the coordinated service and
support plan or the coordinated service and support plan addendum, 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,
If responsibility for meeting the person's health service needs has been
assigned to the license holder in the coordinated service and support plan or
the coordinated service and support plan addendum, the license holder is
required to must 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,
assistance or medication assistance, or medication management administration
according to this chapter;
(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. 1a. Medication
setup. For the purposes of
this subdivision, "medication setup" means the arranging of
medications according to instructions from the pharmacy, the prescriber, or a
licensed nurse, for later administration when the license holder is assigned
responsibility for medication assistance or medication administration in the
coordinated service and support plan or the coordinated service and support
plan addendum. A prescription label or
the prescriber's written or electronically recorded order for the prescription
is sufficient to constitute written instructions from the prescriber. The license holder must document in the
person's medication administration record:
dates of setup, name of medication, quantity of dose, times to be
administered, and route of administration at time of setup; and, when the
person will be away from home, to whom the medications were given.
Subd. 1b. Medication
assistance. If responsibility
for medication assistance is assigned to the license holder in the coordinated
service and support plan or the coordinated service and support plan addendum,
the license holder must ensure that the requirements of subdivision 2,
paragraph (b), have been met when staff provides medication
assistance to enable a person
to self-administer medication or treatment 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.
For the purposes of this subdivision, "medication assistance"
means any of the following:
(1) bringing to the person and opening
a container of previously set up medications, emptying the container into the
person's hand, or opening and giving the medications in the original container
to the person;
(2) bringing to the person liquids or
food to accompany the medication; or
(3) providing reminders to take
regularly scheduled medication or perform regularly scheduled treatments and
exercises.
Subd. 2. Medication
administration. (a) If
responsibility for medication administration is assigned to the license holder
in the coordinated service and support plan or the coordinated service and
support plan addendum, the license holder must implement the following
medication administration procedures to ensure a person takes medications and
treatments as prescribed:
(1) checking the person's medication
record;
(2) preparing the medication as
necessary;
(3) administering the medication or
treatment to the person;
(4) documenting the administration of
the medication or treatment or the reason for not administering the medication
or treatment; and
(5) reporting to the prescriber or a
nurse any concerns about the medication or treatment, including side effects,
effectiveness, or a pattern of the person refusing to take the medication or
treatment as prescribed. Adverse
reactions must be immediately reported to the prescriber or a nurse.
(b)(1) The license holder must
ensure that the following criteria requirements in clauses (2) to (4)
have been met before staff that is not a licensed health professional
administers administering medication or treatment:.
(1) (2) The license holder must
obtain written authorization has been obtained from the person or
the person's legal representative to administer medication or treatment orders;
and must obtain reauthorization annually as needed. If the person or the person's legal
representative refuses to authorize the license holder to administer
medication, the medication must not be administered. The refusal to authorize medication
administration must be reported to the prescriber as expediently as possible.
(2) (3) The staff person has
completed responsible for administering the medication or treatment must
complete medication administration training according to section 245D.09,
subdivision 4, paragraph 4a, paragraphs (a) and (c), clause
(2); and, as applicable to the person, paragraph (d).
(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.
(4) For a license holder
providing intensive support services, the medication or treatment must be
administered according to the license holder's medication administration policy
and procedures as required under section 245D.11, subdivision 2, clause (3).
(b) (c) The license holder
must ensure the following information is documented in the person's medication
administration record:
(1) the information on the current
prescription label or the prescriber's current written or electronically
recorded order or prescription that includes directions for the
person's name, description of the medication or treatment to be provided, and
the frequency and other information needed to safely and correctly administering
administer the medication or treatment to ensure effectiveness;
(2) information on any discomforts, risks,
or other side effects that are reasonable to expect, and any contraindications
to its use. This information must be
readily available to all staff administering the medication;
(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 a dose of
medication or treatment is not administered or treatment is not
performed 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 a dose of medication not being administered or treatment not performed as prescribed, whether by error by the staff or the person or by refusal by the person, or of adverse reactions, and when and to whom the report was made; and
(6) notation of when a medication or treatment is started, administered, 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.
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. Reviewing
and 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: (a) When assigned responsibility for
medication administration, the license holder must ensure that the information
maintained in the medication administration record is current and is regularly
reviewed to identify medication administration errors. At a minimum, the review must be conducted
every three months, or more frequently as directed in the coordinated service
and support plan or coordinated service and support plan addendum or as
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 patterns of medication administration
errors when identified.
(b) If assigned responsibility
for medication assistance or medication administration, the license holder must
report the following to the person's legal representative and case manager as
they occur or as otherwise directed in the coordinated service and support plan
or the coordinated service and support plan addendum:
(1)
any reports made to the person's physician or prescriber required under
subdivision 2, paragraph (b) (c), clause (4);
(2) a person's refusal or failure to take or receive medication or treatment as prescribed; or
(3) concerns about a person's self-administration of medication or treatment.
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.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 26. [245D.051]
PSYCHOTROPIC MEDICATION USE AND MONITORING.
Subdivision 1. Conditions
for psychotropic medication administration.
(a) When a person is prescribed a psychotropic medication and the
license holder is assigned responsibility for administration of the medication
in the person's coordinated service and support plan or the coordinated service
and support plan addendum, the license holder must ensure that the requirements
in paragraphs (b) to (d) and section 245D.05, subdivision 2, are met.
(b) Use of the medication must be
included in the person's coordinated service and support plan or in the
coordinated service and support plan addendum and based on a prescriber's
current written or electronically recorded prescription.
(c) The license holder must develop,
implement, and maintain the following documentation in the person's coordinated
service and support plan addendum according to the requirements in sections
245D.07 and 245D.071:
(1) a description of the target
symptoms that the psychotropic medication is to alleviate; and
(2) documentation methods the license
holder will use to monitor and measure changes in the target symptoms that are
to be alleviated by the psychotropic medication if required by the prescriber. The license holder must collect and report on
medication and symptom-related data as instructed by the prescriber. The license holder must provide the
monitoring data to the expanded support team for review every three months, or
as otherwise requested by the person or the person's legal representative.
For the purposes of this
section, "target symptom" refers to any perceptible diagnostic
criteria for a person's diagnosed mental disorder as defined by the Diagnostic
and Statistical Manual of Mental Disorders Fourth Edition Text Revision
(DSM-IV-TR) or successive editions that has been identified for alleviation.
Subd. 2. Refusal
to authorize psychotropic medication.
If the person or the person's legal representative refuses to
authorize the administration of a psychotropic medication as ordered by the
prescriber, the license holder must follow the requirement in section 245D.05,
subdivision 2, paragraph (b), clause (2).
After reporting the refusal to the prescriber, the license holder must
follow any directives or orders given by the prescriber. A court order must be obtained to override
the refusal. Refusal to authorize
administration of a specific psychotropic medication is not grounds for service
termination and does not constitute an emergency. A decision to terminate services must be
reached in compliance with section 245D.10, subdivision 3.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 27. Minnesota Statutes 2012, section 245D.06, is amended to read:
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,
or as otherwise directed in a person's coordinated service and support plan or
coordinated service and support plan addendum. 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.
(e) The license holder must report the
death or serious injury of the person to the legal representative, if any,
and case manager, as required in paragraph (b) and to 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, or receipt of information that
the death occurred, unless the license holder has reason to know that the death
has already been reported.
(f) When a death or serious injury
occurs in a facility certified as an intermediate care facility for persons
with developmental disabilities, the death or serious injury must be reported
to the Department of Health, Office of Health Facility Complaints, and the
Office of Ombudsman for Mental Health and Developmental Disabilities, as
required under sections 245.91 and 245.94, subdivision 2a, unless the license
holder has reason to know that the death has already been reported.
(f) (g) The license
holder must conduct a an internal review of incident reports of
deaths and serious injuries that occurred while services were being provided
and that were not reported by the program as alleged or suspected maltreatment,
for identification of incident patterns, and implementation of corrective
action as necessary to reduce occurrences.
The review must include an evaluation of whether related policies and
procedures were followed, whether the policies and procedures were adequate,
whether there is a need for additional staff training, whether the reported
event is similar to past events with the persons or the services involved, and
whether there is a need for corrective action by the license holder to protect
the health and safety of persons receiving services. Based on the results of this review, the
license holder must 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.
(h) The license holder must verbally
report the emergency use of manual restraint of a person as required in
paragraph (b), within 24 hours of the occurrence. The license holder must ensure the written
report and internal review of all incident reports of the emergency use of
manual restraints are completed according to the requirements in section
245D.061.
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 that
toxic substances or dangerous items normally accessible are
inaccessible 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 are made
inaccessible, 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 document an assessment of
the physical plant, its environment, and its population identifying the risk
factors which require toxic substances or dangerous items to be inaccessible
and a statement of specific measures to be taken to minimize the safety risk to
persons receiving services;
(iii) doors are locked from the inside
to prevent a person from exiting only when necessary to protect the safety of a
person receiving services and not as a substitute for staff supervision or
interactions with the person. If doors
are locked from the inside, the license holder must document an assessment of
the physical plant, the environment and the population served, identifying the
risk factors which require the use of locked doors, and a statement of specific
measures to be taken to minimize the safety risk to persons receiving services
at the service site; and
(iii) (iv) a staff person is
available on at the service site who is trained in basic first
aid and, when required in a person's coordinated service and support plan or
coordinated service and support plan addendum, cardiopulmonary resuscitation,
"CPR," whenever persons are present and staff are required to be
at the site to provide direct service.
The CPR training must include in-person instruction, hands-on practice,
and an observed skills assessment under the direct supervision of a CPR
instructor;
(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 universal precautions and sanitary practices, including hand washing, for infection prevention and 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
obtain written authorization to do so from the person or the person's
legal representative and the case manager.
Authorization must be obtained within five working days of service
initiation and renewed annually thereafter.
At the time initial authorization is obtained, the license holder must
survey, document, and implement the preferences of the person or the person's
legal representative and the case manager for frequency of receiving a
statement that itemizes receipts and disbursements of funds or other property. The license holder must document changes to
these preferences when they are requested.
(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 attorney-in-fact for specific individuals prior to April
23, 2012 implementation of this chapter. The license holder must maintain
documentation of the power-of-attorney, guardianship, or conservatorship
in the service recipient record.
(c) Upon the transfer or death of a
person, any funds or other property of the person must be surrendered to the person
or the person's legal representative, or given to the executor or administrator
of the estate in exchange for an itemized receipt.
Subd. 5. Prohibitions
Prohibited procedures. (a)
The license holder is prohibited from using psychotropic medication chemical
restraints, mechanical restraints, manual restraints, time out, seclusion, or
any other aversive or deprivation procedure, as a substitute for adequate
staffing, for a behavioral or therapeutic program to reduce or eliminate
behavior, as punishment, or for staff convenience, or for any
reason other than as prescribed.
(b) 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. Applicants
and license holders who have reason to believe they may be serving an
individual who will need emergency use of restraints or seclusion may request a
variance on the application or reapplication, and the commissioner shall
automatically review the request for a variance as part of the application or
reapplication process. License holders
may also request the variance any time after issuance of a license. In the event a license holder uses restraint
or seclusion for any reason without first obtaining a variance as required, the
license holder must report the unauthorized use of restraint or seclusion to
the commissioner within 24 hours of the occurrence and request the required
variance.
Subd. 6. Restricted
procedures. The following
procedures are allowed when the procedures are implemented in compliance with
the standards governing their use as identified in clauses (1) to (3). Allowed but restricted procedures include:
(1) permitted actions and
procedures subject to the requirements in subdivision 7;
(2) procedures identified in a positive
support transition plan subject to the requirements in subdivision 8; or
(3) emergency use of manual restraint
subject to the requirements in section 245D.061.
For purposes of this chapter, this section supersedes the
requirements identified in Minnesota Rules, part 9525.2740.
Subd. 7. Permitted
actions and procedures. (a)
Use of the instructional techniques and intervention procedures as identified
in paragraphs (b) and (c), is permitted when used on an intermittent or
continuous basis. When used on a
continuous basis, it must be addressed in a person's coordinated service and
support plan addendum as identified in sections 245D.07 and 245D.071. For purposes of this chapter, the
requirements of this subdivision supersede the requirements identified in
Minnesota Rules, part 9525.2720.
(b) Physical contact or instructional
techniques must use the least restrictive alternative possible to meet the
needs of the person and may be used:
(1) to calm or comfort a person by
holding that person with no resistance from that person;
(2) to protect a person known to be at
risk or injury due to frequent falls as a result of a medical condition;
(3) to facilitate the person's
completion of a task or response when the person does not resist or the
person's resistance is minimal in intensity and duration; or
(4) to briefly block or redirect a
person's limbs or body without holding the person or limiting the person's
movement to interrupt the person's behavior that may result in injury to self
or others.
(c) Restraint may be used as an
intervention procedure to:
(1) allow a licensed health care professional
to safely conduct a medical examination or to provide medical treatment ordered
by a licensed health care professional to a person necessary to promote healing
or recovery from an acute, meaning short-term, medical condition;
(2) assist in the safe evacuation or
redirection of a person in the event of an emergency and the person is at
imminent risk of harm.
Any use of manual restraint as allowed in this paragraph
must comply with the restrictions identified in section 245D.061, subdivision
3; or
(3) to position a person with physical
disabilities in a manner specified in the person's coordinated service and
support plan addendum.
(d) Use of adaptive aids or equipment,
orthotic devices, or other medical equipment ordered by a licensed health professional
to treat a diagnosed medical condition do not in and of themselves constitute
the use of mechanical restraint.
Subd. 8. Positive
support transition plan. License
holders must develop a positive support transition plan on the forms and in the
manner prescribed by the commissioner for a person who requires intervention in
order to maintain safety when it is known that the person's behavior poses an
immediate risk of physical harm to self or others. The positive support transition plan forms
and instructions will supersede the requirements in Minnesota Rules, parts
9525.2750; 9525.2760; and 9525.2780. The
positive support transition plan must phase out any existing plans for the
emergency or programmatic use of aversive or deprivation procedures prohibited
under this chapter within the following timelines:
(1) for persons receiving
services from the license holder before January 1, 2014, the plan must be
developed and implemented by February 1, 2014, and phased out no later than
December 31, 2014; and
(2) for persons admitted to the program
on or after January 1, 2014, the plan must be developed and implemented within
30 calendar days of service initiation and phased out no later than 11 months
from the date of plan implementation.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 28. [245D.061]
EMERGENCY USE OF MANUAL RESTRAINTS.
Subdivision 1. Standards
for emergency use of manual restraints.
The license holder must ensure that emergency use of manual
restraints complies with the requirements of this chapter and the license
holder's policy and procedures as required under subdivision 10. For the purposes of persons receiving
services governed by this chapter, this section supersedes the requirements
identified in Minnesota Rules, part 9525.2770.
Subd. 2. Conditions
for emergency use of manual restraint.
Emergency use of manual restraint must meet the following
conditions:
(1)
immediate intervention must be needed to protect the person or others from
imminent risk of physical harm; and
(2) the type of manual restraint used
must be the least restrictive intervention to eliminate the immediate risk of
harm and effectively achieve safety. The
manual restraint must end when the threat of harm ends.
Subd. 3. Restrictions
when implementing emergency use of manual restraint. (a) Emergency use of manual restraint
procedures must not:
(1) be implemented with a child in a
manner that constitutes sexual abuse, neglect, physical abuse, or mental
injury, as defined in section 626.556, subdivision 2;
(2) be implemented with an adult in a
manner that constitutes abuse or neglect as defined in section 626.5572,
subdivisions 2 and 17;
(3) be implemented in a manner that
violates a person's rights and protections identified in section 245D.04;
(4) restrict a person's normal access
to a nutritious diet, drinking water, adequate ventilation, necessary medical
care, ordinary hygiene facilities, normal sleeping conditions, or necessary
clothing, or to any protection required by state licensing standards and
federal regulations governing the program;
(5) deny the person visitation or
ordinary contact with legal counsel, a legal representative, or next of kin;
(6) be used as a substitute for
adequate staffing, for the convenience of staff, as punishment, or as a
consequence if the person refuses to participate in the treatment or services
provided by the program; or
(7) use prone restraint. For the purposes of this section, "prone
restraint" means use of manual restraint that places a person in a
face-down position. This does not
include brief physical holding of a person who, during an emergency use of
manual restraint, rolls into a prone position, and the person is restored to a
standing, sitting, or side-lying position as quickly as possible. Applying back or chest pressure while a
person is in the prone or supine position or face-up is prohibited.
Subd. 4. Monitoring
emergency use of manual restraint. The
license holder shall monitor a person's health and safety during an emergency
use of a manual restraint. Staff
monitoring the procedure must not be the staff implementing the procedure when
possible. The license holder shall
complete a monitoring form, approved by the commissioner, for each incident
involving the emergency use of a manual restraint.
Subd. 5. Reporting emergency use of manual restraint incident. (a) Within three calendar days after an emergency use of a manual restraint, the staff person who implemented the emergency use must report in writing to the designated coordinator the following information about the emergency use:
(1) the staff and persons receiving
services who were involved in the incident leading up to the emergency use of
manual restraint;
(2) a description of the physical and
social environment, including who was present before and during the incident
leading up to the emergency use of manual restraint;
(3) a description of what less
restrictive alternative measures were attempted to de-escalate the incident and
maintain safety before the manual restraint was implemented that identifies
when, how, and how long the alternative measures were attempted before manual
restraint was implemented;
(4) a description of the mental,
physical, and emotional condition of the person who was restrained, and other persons
involved in the incident leading up to, during, and following the manual
restraint;
(5) whether there was any injury to the
person who was restrained or other persons involved in the incident, including
staff, before or as a result of the use of manual restraint;
(6) whether there was a debriefing with
the staff, and, if not contraindicated, with the person who was restrained and
other persons who were involved in or who witnessed the restraint, following
the incident and the outcome of the debriefing.
If the debriefing was not conducted at the time the incident report was
made, the report should identify whether a debriefing is planned; and
(7) a copy of the report must be
maintained in the person's service recipient record.
(b) Each single incident of emergency
use of manual restraint must be reported separately. For the purposes of this subdivision, an
incident of emergency use of manual restraint is a single incident when the
following conditions have been met:
(1) after implementing the manual
restraint, staff attempt to release the person at the moment staff believe the
person's conduct no longer poses an imminent risk of physical harm to self or
others and less restrictive strategies can be implemented to maintain safety;
(2) upon the attempt to release the
restraint, the person's behavior immediately re-escalates; and
(3) staff must immediately reimplement
the restraint in order to maintain safety.
Subd. 6. Internal
review of emergency use of manual restraint. (a) Within five working days of the
emergency use of manual restraint, the license holder must complete and
document an internal review of each report of emergency use of manual restraint. The review must include an evaluation of
whether:
(1)
the person's service and support strategies developed according to sections
245D.07 and 245D.071 need to be
revised;
(2)
related policies and procedures were followed;
(3) the policies and procedures were
adequate;
(4) there is a need for additional
staff training;
(5) the reported event is similar to
past events with the persons, staff, or the services involved; and
(6) there is a need for corrective
action by the license holder to protect the health and safety of persons.
(b) Based on the results of the
internal review, the license holder must develop, document, and implement a
corrective action plan for the program designed to correct current lapses and
prevent future lapses in performance by individuals or the license holder, if
any. The corrective action plan, if any,
must be implemented within 30 days of the internal review being completed.
(c) The license holder must maintain a
copy of the internal review and the corrective action plan, if any, in the
person's service recipient record.
Subd. 7. Expanded
support team review. (a)
Within five working days after the completion of the internal review required
in subdivision 8, the license holder must consult with the expanded support
team following the emergency use of manual restraint to:
(1) discuss the incident reported in
subdivision 7, to define the antecedent or event that gave rise to the behavior
resulting in the manual restraint and identify the perceived function the
behavior served; and
(2) determine whether the person's
coordinated service and support plan addendum needs to be revised according to
sections 245D.07 and 245D.071 to positively and effectively help the person
maintain stability and to reduce or eliminate future occurrences requiring
emergency use of manual restraint.
(b) The license holder must maintain a
written summary of the expanded support team's discussion and decisions
required in paragraph (a) in the person's service recipient record.
Subd. 8. External
review and reporting. Within
five working days of the expanded support team review, the license holder must
submit the following to the Department of Human Services, and the Office of the
Ombudsman for Mental Health and Developmental Disabilities, as required under
section 245.94, subdivision 2a:
(1) the report required under
subdivision 7;
(2) the internal review and the
corrective action plan required under subdivision 8; and
(3) the summary of the expanded support
team review required under subdivision 9.
Subd. 9. Emergency
use of manual restraints policy and procedures. The license holder must develop,
document, and implement a policy and procedures that promote service recipient
rights and protect health and safety during the emergency use of manual
restraints. The policy and procedures
must comply with the requirements of this section and must specify the
following:
(1) a description of the positive
support strategies and techniques staff must use to attempt to de-escalate a
person's behavior before it poses an imminent risk of physical harm to self or
others;
(2) a description of the types
of manual restraints the license holder allows staff to use on an emergency
basis, if any. If the license holder
will not allow the emergency use of manual restraint, the policy and procedure
must identify the alternative measures the license holder will require staff to
use when a person's conduct poses an imminent risk of physical harm to self or
others and less restrictive strategies would not achieve safety;
(3) instructions for safe and correct
implementation of the allowed manual restraint procedures;
(4) the training that staff must
complete and the timelines for completion, before they may implement an
emergency use of manual restraint. In
addition to the training on this policy and procedure and the orientation and
annual training required in section 245D.09, subdivision 4, the training for
emergency use of manual restraint must incorporate the following subjects:
(i) alternatives to manual restraint
procedures, including techniques to identify events and environmental factors
that may escalate conduct that poses an imminent risk of physical harm to self
or others;
(ii) de-escalation methods, positive
support strategies, and how to avoid power struggles;
(iii) simulated experiences of
administering and receiving manual restraint procedures allowed by the license
holder on an emergency basis;
(iv) how to properly identify
thresholds for implementing and ceasing restrictive procedures;
(v) how to recognize, monitor, and respond to the person's physical signs of distress, including positional asphyxia;
(vi) the physiological and
psychological impact on the person and the staff when restrictive procedures
are used;
(vii) the communicative intent of
behaviors; and
(viii) relationship building;
(5) the procedures and forms to be used
to monitor the emergency use of manual restraints, including what must be
monitored and the frequency of monitoring per each incident of emergency use of
manual restraint, and the person or position who is responsible for monitoring
the use;
(6) the instructions, forms, and
timelines required for completing and submitting an incident report by the
person or persons who implemented the manual restraint; and
(7) the procedures and timelines for
conducting the internal review and the expanded support team review, and the
person or position responsible for completing the reviews and for ensuring that
corrective action is taken or the person's coordinated service and support plan
addendum is revised, when determined necessary.
EFFECTIVE
DATE. This section is effective
January 1, 2014.
Sec. 29. Minnesota Statutes 2012, section 245D.07, is amended to read:
245D.07
SERVICE NEEDS PLANNING AND DELIVERY.
Subdivision 1. Provision
of services. The license holder must
provide services as specified assigned in the coordinated
service and support 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. 1a. Person-centered
planning and service delivery. (a)
The license holder must provide services in response to the person's identified
needs, interests, preferences, and desired outcomes as specified in the
coordinated service and support plan and the coordinated service and support
plan addendum, and in compliance with the requirements of this chapter. License holders providing intensive support
services must also provide outcome-based services according to the requirements
in section 245D.071.
(b) Services must be provided in a
manner that supports the person's preferences, daily needs, and activities and
accomplishment of the person's personal goals and service outcomes, consistent
with the principles of:
(1) person-centered service planning
and delivery that:
(i) identifies and supports what is
important to the person as well as what is important for the person, including
preferences for when, how, and by whom direct support service is provided;
(ii) uses that information to identify
outcomes the person desires; and
(iii) respects each person's history,
dignity, and cultural background;
(2) self-determination that supports
and provides:
(i) opportunities for the development
and exercise of functional and age-appropriate skills, decision making and
choice, personal advocacy, and communication; and
(ii) the affirmation and protection of
each person's civil and legal rights; and
(3) providing the most integrated
setting and inclusive service delivery that supports, promotes, and allows:
(i) inclusion and participation in the
person's community as desired by the person in a manner that enables the person
to interact with nondisabled persons to the fullest extent possible and
supports the person in developing and maintaining a role as a valued community
member;
(ii) opportunities for self-sufficiency
as well as developing and maintaining social relationships and natural
supports; and
(iii) a balance between risk and
opportunity, meaning the least restrictive supports or interventions necessary
are provided in the most integrated settings in the most inclusive manner
possible to support the person to engage in activities of the person's own
choosing that may otherwise present a risk to the person's health, safety, or
rights.
Subd. 2. Service
planning requirements for basic support services. (a) License holders providing basic
support services must meet the requirements of this subdivision.
(b) Within 15 days of service
initiation the license holder must complete a preliminary coordinated service
and support plan addendum based on the coordinated service and support plan.
(c) Within 60 days of service
initiation the license holder must review and revise as needed the preliminary
coordinated service and support plan addendum to document the services that
will be provided including how, when, and by whom services will be provided,
and the person responsible for overseeing the delivery and coordination of
services.
(d) The license holder must
participate in service planning and support team meetings related to
for the person following stated timelines established in the person's coordinated
service and support plan or as requested by the support team, the
person, or the person's legal representative, the support team or the
expanded support team.
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.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 30. [245D.071]
SERVICE PLANNING AND DELIVERY; INTENSIVE SUPPORT SERVICES.
Subdivision 1. Requirements
for intensive support services. A
license holder providing intensive support services identified in section
245D.03, subdivision 1, paragraph (c), must comply with the requirements in
section 245D.07, subdivisions 1 and 3, and this section.
Subd. 2. Abuse
prevention. Prior to or upon
initiating services, the license holder must develop, document, and implement
an abuse prevention plan according to section 245A.65, subdivision 2.
Subd. 3. Assessment
and initial service planning. (a)
Within 15 days of service initiation the license holder must complete a
preliminary coordinated service and support plan addendum based on the
coordinated service and support plan.
(b) Within 45 days of service initiation
the license holder must meet with the person, the person's legal
representative, the case manager, and other members of the support team or
expanded support team to assess and determine the following based on the
person's coordinated service and support plan and the requirements in
subdivision 4 and section 245D.07, subdivision 1a:
(1) the scope of the services to be
provided to support the person's daily needs and activities;
(2) the person's desired outcomes and
the supports necessary to accomplish the person's desired outcomes;
(3) the person's preferences for how
services and supports are provided;
(4) whether the current service setting
is the most integrated setting available and appropriate for the person; and
(5) how services must be coordinated
across other providers licensed under this chapter serving the same person to
ensure continuity of care for the person.
(c) Within the scope of services, the
license holder must, at a minimum, assess the following areas:
(1) the person's ability to self-manage
health and medical needs to maintain or improve physical, mental, and emotional
well-being, including, when applicable, allergies, seizures, choking, special
dietary needs, chronic medical conditions, self-administration of medication or
treatment orders, preventative screening, and medical and dental appointments;
(2) the person's ability to self-manage
personal safety to avoid injury or accident in the service setting, including,
when applicable, risk of falling, mobility, regulating water temperature,
community survival skills, water safety skills, and sensory disabilities; and
(3) the person's ability to self-manage
symptoms or behavior that may otherwise result in an incident as defined in
section 245D.02, subdivision 11, clauses (4) to (7), suspension or termination
of services by the license holder, or other symptoms or behaviors that may
jeopardize the health and safety of the person or others. The assessments must produce information
about the person that is descriptive of the person's overall strengths,
functional skills and abilities, and behaviors or symptoms.
Subd. 4. Service
outcomes and supports. (a)
Within ten working days of the 45-day meeting, the license holder must develop
and document the service outcomes and supports based on the assessments
completed under subdivision 3 and the requirements in section 245D.07,
subdivision 1a. The outcomes and
supports must be included in the coordinated service and support plan addendum.
(b) The license holder must document
the supports and methods to be implemented to support the accomplishment of
outcomes related to acquiring, retaining, or improving skills. The documentation must include:
(1) the methods or actions that will be
used to support the person and to accomplish the service outcomes, including
information about:
(i) any changes or modifications to the
physical and social environments necessary when the service supports are
provided;
(ii) any equipment and materials
required; and
(iii) techniques that are consistent
with the person's communication mode and learning style;
(2) the measurable and observable
criteria for identifying when the desired outcome has been achieved and how
data will be collected;
(3) the projected starting date for
implementing the supports and methods and the date by which progress towards
accomplishing the outcomes will be reviewed and evaluated; and
(4) the names of the staff or position
responsible for implementing the supports and methods.
(c) Within 20 working days of the
45-day meeting, the license holder must obtain dated signatures from the person
or the person's legal representative and case manager to document completion
and approval of the assessment and coordinated service and support plan
addendum.
Subd. 5. Progress
reviews. (a) The license
holder must give the person or the person's legal representative and case
manager an opportunity to participate in the ongoing review and development of
the methods used to support the person and accomplish outcomes identified in
subdivisions 3 and 4. The license
holder, in coordination with the person's support team or expanded support
team, must meet with the person, the person's legal representative, and the
case manager, and participate in progress review meetings following stated
timelines established in the person's coordinated service and support plan or
coordinated service and support plan addendum or within 30 days of a written
request by the person, the person's legal representative, or the case manager,
at a minimum of once per year.
(b) The license holder must summarize
the person's progress toward achieving the identified outcomes and make
recommendations and identify the rationale for changing, continuing, or
discontinuing implementation of supports and methods identified in subdivision
4 in a written report sent to the person or the person's legal representative
and case manager five working days prior to the review meeting, unless the
person, the person's legal representative, or the case manager requests to
receive the report at the time of the meeting.
(c) Within ten working days of the
progress review meeting, the license holder must obtain dated signatures from
the person or the person's legal representative and the case manager to
document approval of any changes to the coordinated service and support plan
addendum.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 31. [245D.081]
PROGRAM COORDINATION, EVALUATION, AND OVERSIGHT.
Subdivision 1. Program
coordination and evaluation. (a)
The license holder is responsible for:
(1) coordination of service delivery
and evaluation for each person served by the program as identified in
subdivision 2; and
(2) program management and oversight
that includes evaluation of the program quality and program improvement for
services provided by the license holder as identified in subdivision 3.
(b) The same person may perform the
functions in paragraph (a) if the work and education qualifications are met in
subdivisions 2 and 3.
Subd. 2. Coordination
and evaluation of individual service delivery. (a) Delivery and evaluation of
services provided by the license holder must be coordinated by a designated
staff person. The designated coordinator
must provide supervision, support, and evaluation of activities that include:
(1) oversight of the license holder's
responsibilities assigned in the person's coordinated service and support plan
and the coordinated service and support plan addendum;
(2) taking the action necessary to
facilitate the accomplishment of the outcomes according to the requirements in
section 245D.07;
(3) instruction and assistance to
direct support staff implementing the coordinated service and support plan and
the service outcomes, including direct observation of service delivery
sufficient to assess staff competency; and
(4) evaluation of the effectiveness of
service delivery, methodologies, and progress on the person's outcomes based on
the measurable and observable criteria for identifying when the desired outcome
has been achieved according to the requirements in section 245D.07.
(b) The license holder must ensure that
the designated coordinator is competent to perform the required duties
identified in paragraph (a) through education and training in human services
and disability-related fields, and work experience in providing direct care
services and supports to persons with disabilities. The designated coordinator must have the
skills and ability necessary to develop effective plans and to design and use
data systems to measure effectiveness of services and supports. The license holder must verify and document
competence according to the requirements in section 245D.09, subdivision 3. The designated coordinator must minimally
have:
(1) a baccalaureate degree in a field
related to human services, and one year of full-time work experience providing
direct care services to persons with disabilities or persons age 65 and older;
(2) an associate degree in a field
related to human services, and two years of full-time work experience providing
direct care services to persons with disabilities or persons age 65 and older;
(3) a diploma in a field related to
human services from an accredited postsecondary institution and three years of
full-time work experience providing direct care services to persons with
disabilities or persons age 65 and older; or
(4) a minimum of 50 hours of education
and training related to human services and disabilities; and
(5) four years of full-time work
experience providing direct care services to persons with disabilities or
persons age 65 and older under the supervision of a staff person who meets the
qualifications identified in clauses (1) to (3).
Subd. 3. Program
management and oversight. (a)
The license holder must designate a managerial staff person or persons to provide
program management and oversight of the services provided by the license holder. The designated manager is responsible for the
following:
(1) maintaining a current understanding
of the licensing requirements sufficient to ensure compliance throughout the
program as identified in section 245A.04, subdivision 1, paragraph (e), and
when applicable, as identified in section 256B.04, subdivision 21, paragraph
(b);
(2) ensuring the duties of the
designated coordinator are fulfilled according to the requirements in
subdivision 2;
(3) ensuring the program implements
corrective action identified as necessary by the program following review of
incident and emergency reports according to the requirements in section
245D.11, subdivision 2, clause (7). An
internal review of incident reports of alleged or suspected maltreatment must
be conducted according to the requirements in section 245A.65, subdivision 1,
paragraph (b);
(4) evaluation of satisfaction of
persons served by the program, the person's legal representative, if any, and
the case manager, with the service delivery and progress towards accomplishing
outcomes identified in sections 245D.07 and 245D.071, and ensuring and
protecting each person's rights as identified in section 245D.04;
(5) ensuring staff competency
requirements are met according to the requirements in section 245D.09,
subdivision 3, and ensuring staff orientation and training is provided
according to the requirements in section 245D.09, subdivisions 4, 4a, and 5;
(6) ensuring corrective action is taken
when ordered by the commissioner and that the terms and condition of the
license and any variances are met; and
(7) evaluating the information
identified in clauses (1) to (6) to develop, document, and implement ongoing
program improvements.
(b) The designated manager must be
competent to perform the duties as required and must minimally meet the
education and training requirements identified in subdivision 2, paragraph (b),
and have a minimum of three years of supervisory level experience in a program
providing direct support services to persons with disabilities or persons age
65 and older.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 32. Minnesota Statutes 2012, section 245D.09, is amended to read:
245D.09
STAFFING STANDARDS.
Subdivision 1. Staffing
requirements. The license holder
must provide the level of direct service support staff sufficient
supervision, assistance, and training necessary:
(1) to ensure the health, safety, and protection of rights of each person; and
(2) to be able to implement the responsibilities assigned to the license holder in each person's coordinated service and support plan or identified in the coordinated service and support plan addendum, according to the requirements of this chapter.
Subd. 2. Supervision
of staff having direct contact. Except
for a license holder who is the sole direct service support
staff, the license holder must provide adequate supervision of staff providing
direct service support 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 coordinated
service and support plan or coordinated service and support plan addendum.
Subd. 3. Staff
qualifications. (a) The license
holder must ensure that staff is providing direct support, or staff
who have responsibilities related to supervising or managing the provision of
direct support service, are competent as demonstrated through skills
and knowledge training, experience, and education to meet the person's
needs and additional requirements as written in the coordinated service and
support plan or coordinated service and support plan addendum, 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 relevant to the job responsibilities assigned to the staff and the needs of the general population of persons served by the program, including a valid degree and transcript, or a current license, registration, or certification, when a degree or licensure, registration, or certification is required by this chapter or in the coordinated service and support plan or coordinated service and support plan addendum;
(2) completion of required demonstrated
competency in the orientation and training areas required under this
chapter, including and when applicable, completion of
continuing education required to maintain professional licensure, registration,
or certification requirements. Competency
in these areas is determined by the license holder through knowledge testing
and observed skill assessment conducted by the trainer or instructor; and
(3) except for a license holder who is the
sole direct service support staff, periodic performance
evaluations completed by the license holder of the direct service support
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
to program requirements. (a)
Except for a license holder who does not supervise any direct service support
staff, within 90 days of hiring direct service staff 60 days of hire,
unless stated otherwise, the license holder must provide and ensure
completion of 30 hours of orientation for direct support staff
that combines supervised on-the-job training with review of and instruction on
in the following areas:
(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;
(4) the service recipient rights under
section 245D.04, and staff responsibilities related to ensuring the
exercise and protection of those rights according to the requirements in
section 245D.04;
(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. This orientation must be provided within 72 hours of first providing direct contact services and annually thereafter according to section 245A.65, subdivision 3;
(6) what constitutes use of
restraints, seclusion, and psychotropic medications, and staff responsibilities
related to the prohibitions of their use the principles of
person-centered service planning and delivery as identified in section 245D.07,
subdivision 1a, and how they apply to direct support service provided by the
staff person; and
(7) other topics as determined necessary in the person's coordinated service and support 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).
Subd. 4a. Orientation
to individual service recipient needs.
(c) (a) Before providing having
unsupervised direct service to contact with a person served by
the program, or for whom the staff person has not previously provided direct service
support, or any time the plans or procedures identified in clauses
(1) and (2) paragraphs (b) to (f) are revised, the staff person must
review and receive instruction on the following as it relates requirements
in paragraphs (b) to (f) as they relate to the staff person's job functions
for that person:.
(b) Training and competency evaluations
must include the following:
(1) appropriate and safe techniques in
personal hygiene and grooming, including hair care; bathing; care of teeth,
gums, and oral prosthetic devices; and other activities of daily living (ADLs)
as defined under section 256B.0659, subdivision 1;
(2) an understanding of what
constitutes a healthy diet according to data from the Centers for Disease
Control and Prevention and the skills necessary to prepare that diet;
(3) skills necessary to provide
appropriate support in instrumental activities of daily living (IADLs) as
defined under section 256B.0659, subdivision 1; and
(4) demonstrated competence in
providing first aid.
(1) (c) The staff person must
review and receive instruction on the person's coordinated service and
support plan or coordinated service and support plan addendum 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 and demonstrate an understanding of the
person as a unique individual, and how to implement those plans; and.
(2) (d) The staff person must
review and receive instruction on medication administration procedures
established for the person when medication administration is 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. The training curriculum must incorporate
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) (1) specialized or
intensive medical or nursing supervision; and
(ii) (2) 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.
(e) The staff person must review and
receive instruction on the safe and correct operation of medical equipment used
by the person to sustain life, including but not limited to ventilators,
feeding tubes, or endotracheal tubes. The
training must be provided by a licensed health care professional or a
manufacturer's representative and incorporate an observed skill assessment to
ensure staff demonstrate the ability to safely and correctly operate the
equipment according to the treatment orders and the manufacturer's
instructions.
(f) The staff person must review and
receive instruction on what constitutes use of restraints, time out, and
seclusion, including chemical restraint, and staff responsibilities related to
the prohibitions of their use according to the requirements in section 245D.06,
subdivision 5, why such procedures are not effective for reducing or
eliminating symptoms or undesired behavior and why they are not safe, and the
safe and correct use of manual restraint on an emergency basis according to the
requirements in section 245D.061.
(g) In the event of an emergency
service initiation, the license holder must ensure the training required in
this subdivision occurs within 72 hours of the direct support staff person
first having unsupervised contact with the person receiving services. The license holder must document the reason
for the unplanned or emergency service initiation and maintain the
documentation in the person's service recipient record.
(h) License holders who provide direct
support services themselves must complete the orientation required in
subdivision 4, clauses (3) to (7).
Subd. 5. Annual
training. (a) A license
holder must provide annual training to direct service support
staff on the topics identified in subdivision 4, paragraph (a), clauses
(3) to (6) (7), and subdivision 4a.
A license holder must provide a minimum of 24 hours of annual training
to direct service staff with fewer than five years of documented experience and
12 hours of annual training to direct service staff with five or more years of
documented experience in topics described in subdivisions 4 and 4a, paragraphs
(a) to (h). Training on relevant topics
received from sources other than the license holder may count toward training
requirements.
(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
(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. 5a. Alternative
sources of training. Orientation
or training received by the staff person from sources other than the license holder
in the same subjects as identified in subdivision 4 may count toward the
orientation and annual training requirements if received in the 12-month period
before the staff person's date of hire. The
license holder must maintain documentation of the training received from other
sources and of each staff person's competency in the required area according to
the requirements in subdivision 3.
Subd. 6. Subcontractors
and temporary staff. If the
license holder uses a subcontractor or temporary staff to perform
services licensed under this chapter on the license holder's behalf, the
license holder must ensure that the subcontractor or temporary staff
meets and maintains compliance with all requirements under this chapter that
apply to the services to be provided, including training, orientation, and
supervision necessary to fulfill their responsibilities. The license holder must ensure that a
background study has been completed according to the requirements in sections
245C.03, subdivision 1, and 245C.04. Subcontractors
and temporary staff hired by the license holder must meet the Minnesota
licensing requirements applicable to the disciplines in which they are
providing services. The license holder
must maintain documentation that the applicable requirements have been met.
Subd. 7. Volunteers. The license holder must ensure that
volunteers who provide direct support services to persons served by the
program receive the training, orientation, and supervision necessary to fulfill
their responsibilities. The license
holder must ensure that a background study has been completed according to the
requirements in sections 245C.03, subdivision 1, and 245C.04. The license holder must maintain
documentation that the applicable requirements have been met.
Subd. 8. Staff
orientation and training plan. The
license holder must develop a staff orientation and training plan documenting
when and how compliance with subdivisions 4, 4a, and 5 will be met.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 33. [245D.091]
INTERVENTION SERVICES.
Subdivision 1. Licensure
requirements. An individual
meeting the staff qualification requirements of this section who is an employee
of a program licensed according to this chapter and providing behavioral support
services, specialist services, or crisis respite services is not required to
hold a separate license under this chapter.
An individual meeting the staff qualifications of this section who is
not providing these services as an employee of a program licensed according to
this chapter must obtain a license according to this chapter.
Subd. 2. Behavior
professional qualifications. A
behavior professional, as defined in the brain injury and community
alternatives for disabled individuals waiver plans or successor plans, must
have competencies in areas related to:
(1) ethical considerations;
(2) functional assessment;
(3) functional analysis;
(4) measurement of behavior and
interpretation of data;
(5) selecting intervention outcomes and
strategies;
(6) behavior reduction and elimination
strategies that promote least restrictive approved alternatives;
(7) data collection;
(8) staff and caregiver training;
(9) support plan monitoring;
(10) co-occurring mental disorders or
neuro-cognitive disorder;
(11) demonstrated expertise
with populations being served; and
(12) must be a:
(i) psychologist licensed under
sections 148.88 to 148.98, who has stated to the Board of Psychology
competencies in the above identified areas;
(ii) clinical social worker licensed as
an independent clinical social worker under chapter 148D, or a person with a
master's degree in social work from an accredited college or university, with
at least 4,000 hours of post-master's supervised experience in the delivery of
clinical services in the areas identified in clauses (1) to (11);
(iii) physician licensed under chapter
147 and certified by the American Board of Psychiatry and Neurology or eligible
for board certification in psychiatry with competencies in the areas identified
in clauses (1) to (11);
(iv) licensed professional clinical
counselor licensed under sections 148B.29 to 148B.39 with at least 4,000 hours
of post-master's supervised experience in the delivery of clinical services who
has demonstrated competencies in the areas identified in clauses (1) to (11);
(v) person with a master's degree from
an accredited college or university in one of the behavioral sciences or
related fields, with at least 4,000 hours of post-master's supervised
experience in the delivery of clinical services with demonstrated competencies
in the areas identified in clauses (1) to (11); or
(vi) registered nurse who is licensed
under sections 148.171 to 148.285, and who is certified as a clinical
specialist or as a nurse practitioner in adult or family psychiatric and mental
health nursing by a national nurse certification organization, or who has a
master's degree in nursing or one of the behavioral sciences or related fields
from an accredited college or university or its equivalent, with at least 4,000
hours of post-master's supervised experience in the delivery of clinical
services.
Subd. 3. Behavior
analyst qualifications. (a) A
behavior analyst, as defined in the brain injury and community alternatives for
disabled individuals waiver plans or successor plans, must:
(1) have obtained a baccalaureate
degree, master's degree, or PhD in a social services discipline; or
(2) meet the qualifications of a mental
health practitioner as defined in section 245.462, subdivision 17.
(b) In addition, a behavior analyst
must:
(1) have four years of supervised
experience working with individuals who exhibit challenging behaviors as well
as co-occurring mental disorders or neuro-cognitive disorder;
(2) have received ten hours of
instruction in functional assessment and functional analysis;
(3) have received 20 hours of
instruction in the understanding of the function of behavior;
(4) have received ten hours of
instruction on design of positive practices behavior support strategies;
(5) have received 20 hours of
instruction on the use of behavior reduction approved strategies used only in
combination with behavior positive practices strategies;
(6) be determined by a behavior
professional to have the training and prerequisite skills required to provide
positive practice strategies as well as behavior reduction approved and
permitted intervention to the person who receives behavioral support; and
(7) be under the direct supervision of a
behavior professional.
Subd. 4. Behavior
specialist qualifications. (a)
A behavior specialist, as defined in the brain injury and community
alternatives for disabled individuals waiver plans or successor plans, must
meet the following qualifications:
(1) have an associate's degree in a
social services discipline; or
(2) have two years of supervised
experience working with individuals who exhibit challenging behaviors as well
as co-occurring mental disorders or neuro-cognitive disorder.
(b) In addition, a behavior specialist
must:
(1) have received a minimum of four
hours of training in functional assessment;
(2) have received 20 hours of
instruction in the understanding of the function of behavior;
(3) have received ten hours of
instruction on design of positive practices behavioral support strategies;
(4) be determined by a behavior
professional to have the training and prerequisite skills required to provide
positive practices strategies as well as behavior reduction approved
intervention to the person who receives behavioral support; and
(5) be under the direct supervision of a
behavior professional.
Subd. 5. Specialist
services qualifications. An
individual providing specialist services, as defined in the developmental
disabilities waiver plan or successor plan, must have:
(1) the specific experience and skills
required of the specialist to meet the needs of the person identified by the
person's service planning team; and
(2) the qualifications of the specialist
identified in the person's coordinated service and support plan.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 34. [245D.095]
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 and legible according to the requirements of this
chapter.
Subd. 2. Admission
and discharge register. The
license holder must keep a written or electronic register, listing in
chronological order the dates and names of all persons served by the program
who have been admitted, discharged, or transferred, including service
terminations initiated by the license holder and deaths.
Subd. 3. Service
recipient record. (a) The
license holder must maintain a record of current services provided to each
person on the premises where the services are provided or coordinated. When the services are provided in a licensed
facility, the records must be maintained at the facility, otherwise the records
must be maintained at the license holder's program office. The license holder must protect service
recipient records against loss, tampering, or unauthorized disclosure according
to the requirements in sections 13.01 to 13.10 and 13.46.
(b) The license holder must
maintain the following information for each person:
(1) an admission form signed by the
person or the person's legal representative that includes:
(i) identifying information, including
the person's name, date of birth, address, and telephone number; and
(ii) the name, address, and telephone
number of the person's legal representative, if any, and a primary emergency
contact, the case manager, and family members or others as identified by the
person or case manager;
(2) service information, including
service initiation information, verification of the person's eligibility for
services, documentation verifying that services have been provided as
identified in the coordinated service and support plan or coordinated service
and support plan addendum according to paragraph (a), and date of admission or
readmission;
(3) health information, including
medical history, special dietary needs, and allergies, and when the license
holder is assigned responsibility for meeting the person's health service needs
according to section 245D.05:
(i) current orders for medication,
treatments, or medical equipment and a signed authorization from the person or
the person's legal representative to administer or assist in administering the
medication or treatments, if applicable;
(ii) a signed statement authorizing the
license holder to act in a medical emergency when the person's legal
representative, if any, cannot be reached or is delayed in arriving;
(iii) medication administration
procedures;
(iv) a medication administration record
documenting the implementation of the medication administration procedures, and
the medication administration record reviews, including any agreements for
administration of injectable medications by the license holder according to the
requirements in section 245D.05; and
(v) a medical appointment schedule when
the license holder is assigned responsibility for assisting with medical
appointments;
(4)
the person's current coordinated service and support plan or that portion of
the plan assigned to the license holder;
(5) copies of the individual abuse
prevention plan and assessments as required under section 245D.071,
subdivisions 2 and 3;
(6) a record of other service providers
serving the person when the person's coordinated service and support plan or
coordinated service and support plan addendum 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
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 involving the
person, 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, progress review reports as required under section 245D.071,
subdivision 5, progress or daily log notes that are recorded by the program,
and reports received from other agencies involved in providing services or care
to the person; and
(12) discharge summary, including
service termination notice and related documentation, when applicable.
Subd. 4. 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
laws, regulations, or rules:
(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 coordinated
service and support plan or coordinated service and support plan addendum; and
(4) the county child or adult foster
care licensor, when services are also licensed as child or adult foster care.
Subd. 5. Personnel
records. (a) The license
holder must maintain a personnel record of each employee to document and verify
staff qualifications, orientation, and training. The personnel record must include:
(1) the employee's date of hire,
completed application, an acknowledgement signed by the employee that job
duties were reviewed with the employee and the employee understands those
duties, and documentation that the employee meets the position requirements as
determined by the license holder;
(2) documentation of staff
qualifications, orientation, training, and performance evaluations as required
under section 245D.09, subdivisions 3 to 5, including the date the training was
completed, the number of hours per subject area, and the name of the trainer or
instructor; and
(3) a completed background study as
required under chapter 245C.
(b) For employees hired after January
1, 2014, the license holder must maintain documentation in the personnel record
or elsewhere, sufficient to determine the date of the employee's 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.
EFFECTIVE
DATE. This section is effective
January 1, 2014.
Sec. 35. Minnesota Statutes 2012, section 245D.10, is amended to read:
245D.10
POLICIES AND PROCEDURES.
Subdivision 1. Policy
and procedure requirements. The
A license holder providing either basic or intensive supports and
services must establish, enforce, and maintain policies and procedures as
required in this chapter, chapter 245A, and other applicable state and
federal laws and regulations governing the provision of home and
community-based services licensed according to this chapter.
Subd. 2. Grievances. The license holder must establish
policies and procedures that provide promote service recipient rights
by providing 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:
(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 or the person's legal representative 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 intensive supports and services identified in section
245D.03, subdivision 1, paragraph (c), 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 conduct poses an imminent risk of physical harm to self or others
and less restrictive or positive support strategies would not achieve safety.
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) (1) 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.
(2) If a license holder only provides
basic services and supports, this includes the:
(i) grievance policy and procedure
required under subdivision 2; and
(ii) service suspension and termination
policy and procedure required under subdivision 3.
(3) For all other license holders this
includes the:
(i) policies and procedures in clause
(2);
(ii)
emergency use of manual restraints policy and procedure required under section
245D.061, subdivision 10; and
(iii) data privacy requirements under
section 245D.11, subdivision 3.
(c) The license holder must provide a
written notice to all persons or their legal representatives and case
managers at least 30 days before implementing any revised policies and
procedures procedural revisions to policies affecting a person's service-related
or protection-related rights under section 245D.04 and maltreatment
reporting policies and procedures. 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 reasonable cause for not
providing the notice at least 30 days before implementing the revisions.
(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.
(e) The license holder must annually
notify all persons, or their legal representatives, and case managers of any
procedural revisions to policies required under this chapter, other than those
in paragraph (c). Upon request, the
license holder must provide the person, or the person's legal representative,
and case manager with copies of the revised policies and procedures.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 36. [245D.11]
POLICIES AND PROCEDURES; INTENSIVE SUPPORT SERVICES.
Subdivision 1. Policy
and procedure requirements. A
license holder providing intensive support services as identified in section
245D.03, subdivision 1, paragraph (c), must establish, enforce, and maintain
policies and procedures as required in this section.
Subd. 2. Health
and safety. The license
holder must establish policies and procedures that promote health and safety by
ensuring:
(1)
use of universal precautions and sanitary practices in compliance with section
245D.06, subdivision 2, clause (5);
(2) if the license holder operates a
residential program, health service coordination and care according to the
requirements in section 245D.05, subdivision 1;
(3) safe medication assistance and
administration according to the requirements in sections 245D.05, subdivisions 1a,
2, and 5, and 245D.051, that are established in consultation with a registered
nurse, nurse practitioner, physician's assistant, or medical doctor and require
completion of medication administration training according to the requirements
in section 245D.09, subdivision 4a, paragraph (d). Medication assistance and administration
includes, but is not limited to:
(i) providing medication-related
services for a person;
(ii) medication setup;
(iii) medication administration;
(iv) medication storage and security;
(v) medication documentation and
charting;
(vi) verification and monitoring of
effectiveness of systems to ensure safe medication handling and administration;
(vii) coordination of medication
refills;
(viii) handling changes to
prescriptions and implementation of those changes;
(ix) communicating with the pharmacy;
and
(x) coordination and communication with
prescriber;
(4) safe transportation, when the
license holder is responsible for transportation of persons, with provisions
for handling emergency situations according to the requirements in section
245D.06, subdivision 2, clauses (2) to (4);
(5) a plan for ensuring the safety of
persons served by the program in emergencies as defined in section 245D.02,
subdivision 8, and procedures for staff to report emergencies to the license
holder. A license holder with a
community residential setting or a day service facility license must ensure the
policy and procedures comply with the requirements in section 245D.22,
subdivision 4;
(6) a plan for responding to all
incidents as defined in section 245D.02, subdivision 11; and reporting all
incidents required to be reported according to section 245D.06, subdivision 1. The plan must:
(i) provide the contact
information of a source of emergency medical care and transportation; and
(ii) require staff to first call 911
when the staff believes a medical emergency may be life threatening, or to call
the mental health crisis intervention team when the person is experiencing a
mental health crisis; and
(7) a procedure for the review of
incidents and emergencies to identify trends or patterns, and corrective action
if needed. The license holder must
establish and maintain a record-keeping system for the incident and emergency
reports. Each incident and emergency
report file must contain a written summary of the incident. 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. Each incident report must include:
(i) the name of the person or persons
involved in the incident. It is not
necessary to identify all persons affected by or involved in an emergency
unless the emergency resulted in an incident;
(ii) the date, time, and location of
the incident or emergency;
(iii) a description of the incident or
emergency;
(iv) a description of the response to
the incident or emergency and whether a person's coordinated service and
support plan addendum or program policies and procedures were implemented as
applicable;
(v) the name of the staff person or
persons who responded to the incident or emergency; and
(vi) the determination of whether
corrective action is necessary based on the results of the review.
Subd. 3. Data
privacy. The license holder
must establish policies and procedures that promote service recipient rights by
ensuring data privacy according to the requirements in:
(1) the Minnesota Government Data
Practices Act, section 13.46, and all other applicable Minnesota laws and rules
in handling all data related to the services provided; and
(2) the Health Insurance Portability
and Accountability Act of 1996 (HIPAA), to the extent that the license holder
performs a function or activity involving the use of protected health information
as defined under Code of Federal Regulations, title 45, section 164.501,
including, but not limited to, providing health care services; health care
claims processing or administration; data analysis, processing, or
administration; utilization review; quality assurance; billing; benefit
management; practice management; repricing; or as otherwise provided by Code of
Federal Regulations, title 45, section 160.103.
The license holder must comply with the Health Insurance Portability and
Accountability Act of 1996 and its implementing regulations, Code of Federal
Regulations, title 45, parts 160 to 164, and all applicable requirements.
Subd. 4. Admission
criteria. The license holder
must establish policies and procedures that promote continuity of care by
ensuring that admission or service initiation criteria:
(1) is consistent with the license
holder's registration information identified in the requirements in section
245D.031, subdivision 2, and with the service-related rights identified in section
245D.04, subdivisions 2, clauses (4) to (7), and 3, clause (8);
(2) identifies the criteria to be
applied in determining whether the license holder can develop services to meet
the needs specified in the person's coordinated service and support plan;
(3) requires a license holder
providing services in a health care facility to comply with the requirements in
section 243.166, subdivision 4b, to provide notification to residents when a
registered predatory offender is admitted into the program or to a potential
admission when the facility was already serving a registered predatory offender. For purposes of this clause, "health
care facility" means a facility licensed by the commissioner as a
residential facility under chapter 245A to provide adult foster care or
residential services to persons with disabilities; and
(4) requires that when a person or the
person's legal representative requests services from the license holder, a
refusal to admit the person must be based on an evaluation of the person's
assessed needs and the license holder's lack of capacity to meet the needs of
the person. The license holder must not
refuse to admit a person based solely on the type of residential services the
person is receiving, or solely on the person's severity of disability,
orthopedic or neurological handicaps, sight or hearing impairments, lack of
communication skills, physical disabilities, toilet habits, behavioral
disorders, or past failure to make progress.
Documentation of the basis for refusal must be provided to the person or
the person's legal representative and case manager upon request.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 37. [245D.21]
FACILITY LICENSURE REQUIREMENTS AND APPLICATION PROCESS.
Subdivision 1. Community
residential settings and day service facilities. For purposes of this section,
"facility" means both a community residential setting and day service
facility and the physical plant.
Subd. 2. Inspections
and code compliance. (a)
Physical plants must comply with applicable state and local fire, health,
building, and zoning codes.
(b)(1) The facility must be inspected
by a fire marshal or their delegate within 12 months before initial licensure
to verify that it meets the applicable occupancy requirements as defined in the
State Fire Code and that the facility complies with the fire safety standards
for that occupancy code contained in the State Fire Code.
(2) The fire marshal inspection of a
community residential setting must verify the residence is a dwelling unit
within a residential occupancy as defined in section 9.117 of the State Fire
Code. A home safety checklist, approved
by the commissioner, must be completed for a community residential setting by
the license holder and the commissioner before the satellite license is
reissued.
(3) The facility shall be inspected
according to the facility capacity specified on the initial application form.
(4) If the commissioner has reasonable
cause to believe that a potentially hazardous condition may be present or the
licensed capacity is increased, the commissioner shall request a subsequent
inspection and written report by a fire marshal to verify the absence of
hazard.
(5) Any condition cited by a fire
marshal, building official, or health authority as hazardous or creating an
immediate danger of fire or threat to health and safety must be corrected
before a license is issued by the department, and for community residential
settings, before a license is reissued.
(c) The facility must maintain in a
permanent file the reports of health, fire, and other safety inspections.
(d) The facility's plumbing,
ventilation, heating, cooling, lighting, and other fixtures and equipment,
including elevators or food service, if provided, must conform to applicable
health, sanitation, and safety codes and regulations.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 38. [245D.22]
FACILITY SANITATION AND HEALTH.
Subdivision 1. General
maintenance. The license
holder must maintain the interior and exterior of buildings, structures, or
enclosures used by the facility, including walls, floors, ceilings, registers,
fixtures, equipment, and furnishings in good repair and in a sanitary and safe
condition. The facility must be clean
and free from accumulations of dirt, grease, garbage, peeling paint, mold,
vermin, and insects. The license holder
must correct building and equipment deterioration, safety hazards, and
unsanitary conditions.
Subd. 2. Hazards
and toxic substances. The
license holder must ensure that service sites owned or leased by the license
holder are free from hazards that would threaten the health or safety of a
person receiving services by ensuring the requirements in paragraphs (a) to (g)
are met.
(a) Chemicals, detergents, and other hazardous
or toxic substances must not be stored with food products or in any way that
poses a hazard to persons receiving services.
(b) The license holder must install
handrails and nonslip surfaces on interior and exterior runways, stairways, and
ramps according to the applicable building code.
(c) If there are elevators in the
facility, the license holder must have elevators inspected each year. The date of the inspection, any repairs
needed, and the date the necessary repairs were made must be documented.
(d) The license holder must keep
stairways, ramps, and corridors free of obstructions.
(e) Outside property must be free from
debris and safety hazards. Exterior
stairs and walkways must be kept free of ice and snow.
(f) Heating, ventilation, air
conditioning units, and other hot surfaces and moving parts of machinery must
be shielded or enclosed.
(g) Use of dangerous items or equipment
by persons served by the program must be allowed in accordance with the
person's coordinated service and support plan addendum or the program abuse
prevention plan, if not addressed in the coordinated service and support plan
addendum.
Subd. 3. Storage
and disposal of medication. Schedule
II controlled substances in the facility that are named in section 152.02,
subdivision 3, must be stored in a locked storage area permitting access only
by persons and staff authorized to administer the medication. This must be incorporated into the license
holder's medication administration policy and procedures required under section
245D.11, subdivision 2, clause (3). Medications
must be disposed of according to the Environmental Protection Agency
recommendations.
Subd. 4. First
aid must be available on site. (a)
A staff person trained in first aid must be available on site and, when
required in a person's coordinated service and support plan or coordinated
service and support plan addendum, be able to provide cardiopulmonary
resuscitation, whenever persons are present and staff are required to be at the
site to provide direct service. The CPR
training must include in-person instruction, hands-on practice, and an observed
skills assessment under the direct supervision of a CPR instructor.
(b) A facility must have first aid kits
readily available for use by, and that meet the needs of, persons receiving
services and staff. At a minimum, the
first aid kit must be equipped with accessible first aid supplies including
bandages, sterile compresses, scissors, an ice bag or cold pack, an oral or
surface thermometer, mild liquid soap, adhesive tape, and first aid manual.
Subd. 5. Emergencies. (a) The license holder must have a
written plan for responding to emergencies as defined
in section 245D.02, subdivision 8, to ensure the safety of persons served in
the facility. The plan must include:
(1) procedures for emergency evacuation
and emergency sheltering, including:
(i) how to report a fire or other
emergency;
(ii) procedures to notify, relocate,
and evacuate occupants, including use of adaptive procedures or equipment to
assist with the safe evacuation of persons with physical or sensory
disabilities; and
(iii)
instructions on closing off the fire area, using fire extinguishers, and
activating and responding to alarm systems;
(2) a floor plan that identifies:
(i) the location of fire extinguishers;
(ii) the location of audible or visual
alarm systems, including but not limited to manual fire alarm boxes, smoke
detectors, fire alarm enunciators and controls, and sprinkler systems;
(iii) the location of exits, primary
and secondary evacuation routes, and accessible egress routes, if any; and
(iv) the location of emergency shelter
within the facility;
(3) a site plan that identifies:
(i) designated assembly points outside
the facility;
(ii) the locations of fire hydrants;
and
(iii) the routes of fire department
access;
(4) the responsibilities each staff
person must assume in case of emergency;
(5) procedures for conducting quarterly
drills each year and recording the date of each drill in the file of emergency
plans;
(6) procedures for relocation or
service suspension when services are interrupted for more than 24 hours;
(7) for a community residential setting
with three or more dwelling units, a floor plan that identifies the location of
enclosed exit stairs; and
(8) an emergency escape plan for each
resident.
(b) The license holder must:
(1) maintain a log of quarterly fire
drills on file in the facility;
(2) provide an emergency response plan
that is readily available to staff and persons receiving services;
(3) inform each person of a designated
area within the facility where the person should go for emergency shelter
during severe weather and the designated assembly points outside the facility;
and
(4) maintain emergency contact
information for persons served at the facility that can be readily accessed in
an emergency.
Subd. 6. Emergency
equipment. The facility must
have a flashlight and a portable radio or television set that do not require
electricity and can be used if a power failure occurs.
Subd. 7. Telephone
and posted numbers. A
facility must have a non-coin operated telephone that is readily accessible. A list of emergency numbers must be posted in
a prominent location. When an area has a
911 number or a mental health crisis intervention team number, both numbers
must be posted and the emergency number listed must be 911. In areas of the state without a 911 number,
the numbers listed must be those of the local fire department, police
department, emergency transportation, and poison control center. The names and telephone numbers of each
person's representative, physician, and dentist must be readily available.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 39. [245D.23]
COMMUNITY RESIDENTIAL SETTINGS; SATELLITE LICENSURE REQUIREMENTS AND APPLICATION PROCESS.
Subdivision 1. Separate
satellite license required for separate sites. (a) A license holder providing
residential support services must obtain a separate satellite license for each
community residential setting located at separate addresses when the community
residential settings are to be operated by the same license holder. For purposes
of this chapter, a community residential setting is a satellite of the home and
community-based services license.
(b) Community residential settings are
permitted single-family use homes. After
a license has been issued, the commissioner shall notify the local municipality
where the residence is located of the approved license.
Subd. 2. Notification
to local agency. The license
holder must notify the local agency within 24 hours of the onset of changes in
a residence resulting from construction, remodeling, or damages requiring
repairs that require a building permit or may affect a licensing requirement in
this chapter.
Subd. 3. Alternate
overnight supervision. A
license holder granted an alternate overnight supervision technology adult
foster care license according to section 245A.11, subdivision 7a, that converts
to a community residential setting satellite license according to this chapter,
must retain that designation.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 40. [245D.24]
COMMUNITY RESIDENTIAL SETTINGS; PHYSICAL PLANT AND ENVIRONMENT.
Subdivision
1. Occupancy. The residence must meet the definition
of a dwelling unit in a residential occupancy.
Subd. 2. Common
area requirements. The living
area must be provided with an adequate number of furnishings for the usual
functions of daily living and social activities. The dining area must be furnished to
accommodate meals shared by all persons living in the residence. These furnishings must be in good repair and
functional to meet the daily needs of the persons living in the residence.
Subd. 3. Bedrooms. (a) People receiving services must
mutually consent, in writing, to sharing a bedroom with one another. No more than two people receiving services
may share one bedroom.
(b) A single occupancy bedroom must have
at least 80 square feet of floor space with a 7-1/2 foot ceiling. A double occupancy room must have at least
120 square feet of floor space with a 7-1/2 foot ceiling. Bedrooms must be separated from halls,
corridors, and other habitable rooms by floor to ceiling walls containing no
openings except doorways and must not serve as a corridor to another room used
in daily living.
(c) A person's personal
possessions and items for the person's own use are the only items permitted to
be stored in a person's bedroom.
(d) Unless otherwise documented through
assessment as a safety concern for the person, each person must be provided
with the following furnishings:
(1) a separate bed of proper size and
height for the convenience and comfort of the person, with a clean mattress in
good repair;
(2) clean bedding appropriate for the
season for each person;
(3) an individual cabinet, or dresser,
shelves, and a closet, for storage of personal possessions and clothing; and
(4) a mirror for grooming.
(e)
When possible, a person must be allowed to have items of furniture that the person
personally owns in the bedroom, unless doing so would interfere with safety
precautions, violate a building or fire code, or interfere with another
person's use of the bedroom. A person
may choose not to have a cabinet, dresser, shelves, or a mirror in the bedroom,
as otherwise required under paragraph (d), clause (3) or (4). A person may choose to use a mattress other
than an innerspring mattress and may choose not to have the mattress on a
mattress frame or support. If a person
chooses not to have a piece of required furniture, the license holder must
document this choice and is not required to provide the item. If a person chooses to use a mattress other
than an innerspring mattress or chooses not to have a mattress frame or
support, the license holder must document this choice and allow the alternative
desired by the person.
(f) A person must be allowed to bring
personal possessions into the bedroom and other designated storage space, if
such space is available, in the residence.
The person must be allowed to accumulate possessions to the extent the
residence is able to accommodate them, unless doing so is contraindicated for
the person's physical or mental health, would interfere with safety precautions
or another person's use of the bedroom, or would violate a building or fire
code. The license holder must allow for
locked storage of personal items. Any
restriction on the possession or locked storage of personal items, including
requiring a person to use a lock provided by the license holder, must comply
with section 245D.04, subdivision 3, paragraph (c), and allow the person to be
present if and when the license holder opens the lock.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 41. [245D.25]
COMMUNITY RESIDENTIAL SETTINGS; FOOD AND WATER.
Subdivision 1. Water. Potable water from privately owned
wells must be tested annually by a Department of Health-certified laboratory
for coliform bacteria and nitrate nitrogens to verify safety. The health authority may require retesting
and corrective measures if results exceed state water standards in Minnesota
Rules, chapter 4720, or in the event of flooding or an incident which may put
the well at risk of contamination. To
prevent scalding, the water temperature of faucets must not exceed 120 degrees
Fahrenheit.
Subd. 2. Food. Food served must meet any special
dietary needs of a person as prescribed by the person's physician or dietitian. Three nutritionally balanced meals a day must
be served or made available to persons, and nutritious snacks must be available
between meals.
Subd. 3. Food
safety. Food must be
obtained, handled, and properly stored to prevent contamination, spoilage, or a
threat to the health of a person.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 42. [245D.26]
COMMUNITY RESIDENTIAL SETTINGS; SANITATION AND HEALTH.
Subdivision 1. Goods
provided by the license holder. Individual
clean bed linens appropriate for the season and the person's comfort, including
towels and wash cloths, must be available for each person. Usual or customary goods for the operation of
a residence which are communally used by all persons receiving services living
in the residence must be provided by the license holder, including household
items for meal preparation, cleaning supplies to maintain the cleanliness of
the residence, window coverings on windows for privacy, toilet paper, and hand
soap.
Subd. 2. Personal
items. Personal health and
hygiene items must be stored in a safe and sanitary manner.
Subd. 3. Pets
and service animals. Pets and
service animals housed within the residence must be immunized and maintained in
good health as required by local ordinances and state law. The license holder must ensure that the
person and the person's representative are notified before admission of the
presence of pets in the residence.
Subd. 4. Smoking
in the residence. License
holders must comply with the requirements of the Minnesota Clean Indoor Air
Act, sections 144.411 to 144.417, when smoking is permitted in the residence.
Subd. 5. Weapons. Weapons and ammunition must be stored
separately in locked areas that are inaccessible to a person receiving services. For purposes of this subdivision,
"weapons" means firearms and other instruments or devices designed
for and capable of producing bodily harm.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 43. [245D.27]
DAY SERVICES FACILITIES; SATELLITE LICENSURE REQUIREMENTS AND APPLICATION
PROCESS.
Except for day service facilities on
the same or adjoining lot, the license holder providing day services must apply
for a separate license for each facility-based service site when the license
holder is the owner, lessor, or tenant of the service site at which persons
receive day services and the license holder's employees who provide day
services are present for a cumulative total of more than 30 days within any
12-month period. For purposes of this
chapter, a day services facility license is a satellite license of the day
services program. A day services program
may operate multiple licensed day service facilities in one or more counties in
the state. For the purposes of this
section, "adjoining lot" means day services facilities that are next
door to or across the street from one another.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 44. [245D.28]
DAY SERVICES FACILITIES; PHYSICAL PLANT AND SPACE REQUIREMENTS.
Subdivision 1. Facility
capacity and useable space requirements.
(a) The facility capacity of each day service facility must be
determined by the amount of primary space available, the scheduling of
activities at other service sites, and the space requirements of all persons
receiving services at the facility, not just the licensed services. The facility capacity must specify the
maximum number of persons that may receive services on site at any one time.
(b) When a facility is located in a
multifunctional organization, the facility may share common space with the
multifunctional organization if the required available primary space for use by
persons receiving day services is maintained while the facility is operating. The license holder must comply at all times
with all applicable fire and safety codes under section 245A.04, subdivision
2a, and adequate supervision requirements under section 245D.31 for all persons
receiving day services.
(c) A day services facility
must have a minimum of 40 square feet of primary space available for each
person receiving services who is present at the site at any one time. Primary space does not include:
(1) common areas, such as hallways,
stairways, closets, utility areas, bathrooms, and kitchens;
(2) floor areas beneath stationary
equipment; or
(3) any space occupied by persons
associated with the multifunctional organization while persons receiving day
services are using common space.
Subd. 2. Individual
personal articles. Each
person must be provided space in a closet, cabinet, on a shelf, or a coat hook
for storage of personal items for the person's own use while receiving services
at the facility, unless doing so would interfere with safety precautions,
another person's work space, or violate a building or fire code.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 45. [245D.29]
DAY SERVICES FACILITIES; HEALTH AND SAFETY REQUIREMENTS.
Subdivision 1. Refrigeration. If the license holder provides
refrigeration at service sites owned or leased by the license holder for
storing perishable foods and perishable portions of bag lunches, whether the
foods are supplied by the license holder or the persons receiving services, the
refrigeration must have a temperature of 40 degrees Fahrenheit or less.
Subd. 2. Drinking
water. Drinking water must be
available to all persons receiving services.
If a person is unable to request or obtain drinking water, it must be
provided according to that person's individual needs. Drinking water must be provided in
single-service containers or from drinking fountains accessible to all persons.
Subd. 3. Individuals
who become ill during the day. There
must be an area in which a person receiving services can rest if:
(1) the person becomes ill during the day;
(2) the person does not live in a
licensed residential site;
(3) the person requires supervision;
and
(4) there is not a caretaker
immediately available. Supervision must
be provided until the caretaker arrives to bring the person home.
Subd. 4. Safety
procedures. The license
holder must establish general written safety procedures that include criteria
for selecting, training, and supervising persons who work with hazardous
machinery, tools, or substances. Safety
procedures specific to each person's activities must be explained and be
available in writing to all staff members and persons receiving services.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 46. [245D.31]
DAY SERVICES FACILITIES; STAFF RATIO AND FACILITY COVERAGE.
Subdivision 1. Scope. This section applies only to
facility-based day services.
Subd. 2. Factors. (a) The number of direct support
service staff members that a license holder must have on duty at the facility
at a given time to meet the minimum staffing requirements established in this
section varies according to:
(1) the number of persons who are
enrolled and receiving direct support services at that given time;
(2) the staff ratio requirement
established under subdivision 3 for each person who is present; and
(3) whether the conditions described in
subdivision 8 exist and warrant additional staffing beyond the number
determined to be needed under subdivision 7.
(b) The commissioner must consider the
factors in paragraph (a) in determining a license holder's compliance with the
staffing requirements and must further consider whether the staff ratio
requirement established under subdivision 3 for each person receiving services
accurately reflects the person's need for staff time.
Subd. 3. Staff
ratio requirement for each person receiving services. The case manager, in consultation with
the interdisciplinary team, must determine at least once each year which of the
ratios in subdivisions 4, 5, and 6 is appropriate
for each person receiving services on the basis of the characteristics
described in subdivisions 4, 5, and 6.
The ratio assigned each person and the documentation of how the ratio
was arrived at must be kept in each person's individual service plan. Documentation must include an assessment of
the person with respect to the characteristics in subdivisions 4, 5, and 6
recorded on a standard assessment form required by the commissioner.
Subd. 4. Person
requiring staff ratio of one to four.
A person must be assigned a staff ratio requirement of one to
four if:
(1) on a daily basis the person requires
total care and monitoring or constant hand-over-hand physical guidance to
successfully complete at least three of the following activities: toileting, communicating basic needs, eating,
ambulating; or is not capable of taking appropriate action for
self-preservation under emergency conditions; or
(2) the person engages in conduct that
poses an imminent risk of physical harm to self or others at a documented level
of frequency, intensity, or duration requiring frequent daily ongoing
intervention and monitoring as established in the person's coordinated service
and support plan or coordinated service and support plan addendum.
Subd. 5. Person
requiring staff ratio of one to eight.
A person must be assigned a staff ratio requirement of one to
eight if:
(1) the person does not meet the requirements
in subdivision 4; and
(2) on a daily basis the person requires
verbal prompts or spot checks and minimal or no physical assistance to
successfully complete at least four of the following activities: toileting, communicating basic needs, eating,
ambulating, or taking appropriate action for self-preservation under emergency
conditions.
Subd. 6. Person
requiring staff ratio of one to six.
A person who does not have any of the characteristics described
in subdivision 4 or 5 must be assigned a staff ratio requirement of one to six.
Subd. 7. Determining
number of direct support service staff required. The minimum number of direct support
service staff members required at any one time to meet the combined staff ratio
requirements of the persons present at that time can be determined by the
following steps:
(1) assign to each person in attendance
the three-digit decimal below that corresponds to the staff ratio requirement
assigned to that person. A staff ratio
requirement of one to four equals 0.250.
A staff ratio requirement of one to eight equals 0.125. A staff ratio requirement of one to six
equals 0.166. A staff ratio requirement
of one to ten equals 0.100;
(2) add all of the three-digit
decimals (one three-digit decimal for every person in attendance) assigned in
clause (1);
(3) when the sum in clause (2) falls
between two whole numbers, round off the sum to the larger of the two whole
numbers; and
(4) the larger of the two whole numbers
in clause (3) equals the number of direct support service staff members needed
to meet the staff ratio requirements of the persons in attendance.
Subd. 8. Staff
to be included in calculating minimum staffing requirement. Only staff providing direct support
must be counted as staff members in calculating the staff-to-participant ratio. A volunteer may be counted as a direct
support staff in calculating the staff-to-participant ratio if the volunteer
meets the same standards and requirements as paid staff. No person receiving services must be counted
as or be substituted for a staff member in calculating the staff-to-participant
ratio.
Subd. 9. Conditions
requiring additional direct support staff.
The license holder must increase the number of direct support
staff members present at any one time beyond the number arrived at in
subdivision 4 if necessary when any one or combination of the following
circumstances can be documented by the commissioner as existing:
(1) the health and safety needs of the
persons receiving services cannot be met by the number of staff members
available under the staffing pattern in effect even though the number has been
accurately calculated under subdivision 7; or
(2) the person's conduct frequently
presents an imminent risk of physical harm to self or others.
Subd. 10. Supervision
requirements. (a) At no time
must one direct support staff member be assigned responsibility for supervision
and training of more than ten persons receiving supervision and training,
except as otherwise stated in each person's risk management plan.
(b) In the temporary absence of the
director or a supervisor, a direct support staff member must be designated to
supervise the center.
Subd. 11. Multifunctional
programs. A multifunctional
program may count other employees of the organization besides direct support
staff of the day service facility in calculating the staff-to-participant ratio
if the employee is assigned to the day services facility for a specified amount
of time, during which the employee is not assigned to another organization or
program.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 47. [245D.32]
ALTERNATIVE LICENSING INSPECTIONS.
Subdivision 1. Eligibility
for an alternative licensing inspection.
(a) A license holder providing services licensed under this
chapter, with a qualifying accreditation and meeting the eligibility criteria
in paragraphs (b) and (c), may request approval for an alternative licensing
inspection when all services provided under the license holder's license are
accredited. A license holder with a
qualifying accreditation and meeting the eligibility criteria in paragraphs (b)
and (c) may request approval for an alternative licensing inspection for
individual community residential settings or day services facilities licensed
under this chapter.
(b) In order to be eligible for an
alternative licensing inspection, the program must have had at least one
inspection by the commissioner following issuance of the initial license. For programs operating a day services
facility, each facility must have had at least one on-site inspection by the
commissioner following issuance of the initial license.
(c) In order to be eligible for
an alternative licensing inspection, the program must have been in substantial
and consistent compliance at the time of the last licensing inspection and
during the current licensing period. For
purposes of this section, "substantial and consistent compliance"
means:
(1) the license holder's license was
not made conditional, suspended, or revoked;
(2) there have been no substantiated
allegations of maltreatment against the license holder;
(3) there were no program deficiencies
identified that would jeopardize the health, safety, or rights of persons being
served; and
(4) the license holder maintained
substantial compliance with the other requirements of chapters 245A and 245C
and other applicable laws and rules.
(d) For the purposes of this section,
the license holder's license includes services licensed under this chapter that
were previously licensed under chapter 245B until December 31, 2013.
Subd. 2. Qualifying
accreditation. The
commissioner must accept a three-year accreditation from the Commission on
Accreditation of Rehabilitation Facilities (CARF) as a qualifying
accreditation.
Subd. 3. Request
for approval of an alternative inspection status. (a) A request for an alternative
inspection must be made on the forms and in the manner prescribed by the
commissioner. When submitting the
request, the license holder must submit all documentation issued by the
accrediting body verifying that the license holder has obtained and maintained
the qualifying accreditation and has complied with recommendations or
requirements from the accrediting body during the period of accreditation. Based on the request and the additional
required materials, the commissioner may approve an alternative inspection
status.
(b) The commissioner must notify the
license holder in writing that the request for an alternative inspection status
has been approved. Approval must be
granted until the end of the qualifying accreditation period.
(c) The license holder must submit a
written request for approval to be renewed one month before the end of the
current approval period according to the requirements in paragraph (a). If the license holder does not submit a
request to renew approval as required, the commissioner must conduct a
licensing inspection.
Subd. 4. Programs
approved for alternative licensing inspection; deemed compliance licensing
requirements. (a) A license
holder approved for alternative licensing inspection under this section is
required to maintain compliance with all licensing standards according to this
chapter.
(b) A license holder approved for
alternative licensing inspection under this section must be deemed to be in
compliance with all the requirements of this chapter, and the commissioner must
not perform routine licensing inspections.
(c) Upon receipt of a complaint
regarding the services of a license holder approved for alternative licensing
inspection under this section, the commissioner must investigate the complaint
and may take any action as provided under section 245A.06 or 245A.07.
Subd. 5. Investigations
of alleged or suspected maltreatment.
Nothing in this section changes the commissioner's
responsibilities to investigate alleged or suspected maltreatment of a minor
under section 626.556 or a vulnerable adult under section 626.557.
Subd. 6. Termination
or denial of subsequent approval. Following
approval of an alternative licensing inspection, the commissioner may terminate
or deny subsequent approval of an alternative licensing inspection if the
commissioner determines that:
(1) the license holder has not
maintained the qualifying accreditation;
(2) the commissioner has substantiated
maltreatment for which the license holder or facility is determined to be
responsible during the qualifying accreditation period; or
(3) during the qualifying accreditation
period, the license holder has been issued an order for conditional license,
fine, suspension, or license revocation that has not been reversed upon appeal.
Subd. 7. Appeals. The commissioner's decision that the
conditions for approval for an alternative licensing inspection have not been
met is final and not subject to appeal under the provisions of chapter 14.
Subd. 8. Commissioner's
programs. Home and
community-based services licensed under this chapter for which the commissioner
is the license holder with a qualifying accreditation are excluded from being
approved for an alternative licensing inspection.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 48. [245D.33]
ADULT MENTAL HEALTH CERTIFICATION STANDARDS.
(a) The commissioner of human services
shall issue a mental health certification for services licensed under this
chapter when a license holder is determined to have met the requirements under
paragraph (b). This certification is
voluntary for license holders. The
certification shall be printed on the license and identified on the commissioner's
public Web site.
(b) The requirements for certification
are:
(1) all staff have received at least
seven hours of annual training covering all of the following topics:
(i) mental health diagnoses;
(ii) mental health crisis response and
de-escalation techniques;
(iii) recovery from mental illness;
(iv) treatment options, including
evidence-based practices;
(v) medications and their side effects;
(vi) co-occurring substance abuse and
health conditions; and
(vii) community resources;
(2) a mental health professional, as
defined in section 245.462, subdivision 18, or a mental health practitioner as
defined in section 245.462, subdivision 17, is available for consultation and
assistance;
(3) there is a plan and protocol in
place to address a mental health crisis; and
(4) each person's individual
service and support plan identifies who is providing clinical services and
their contact information, and includes an individual crisis prevention and
management plan developed with the person.
(c) License holders seeking
certification under this section must request this certification on forms and
in the manner prescribed by the commissioner.
(d) If the commissioner finds that the
license holder has failed to comply with the certification requirements under
paragraph (b), the commissioner may issue a correction order and an order of
conditional license in accordance with section 245A.06 or may issue a sanction
in accordance with section 245A.07, including and up to removal of the
certification.
(e) A denial of the certification or
the removal of the certification based on a determination that the requirements
under paragraph (b) have not been met is not subject to appeal. A license holder that has been denied a
certification or that has had a certification removed may again request
certification when the license holder is in compliance with the requirements of
paragraph (b).
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 49. Minnesota Statutes 2012, section 256B.092, subdivision 1a, is amended to read:
Subd. 1a. Case management services. (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.
(b) Case management service activities provided to or arranged for a person include:
(1) development of the 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
(8) 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 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 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 coordinated service and support plan and habilitation plan.
(e) For persons who need a positive
support transition plan as required in chapter 245D, the case manager shall
participate in the development and ongoing evaluation of the plan with the
expanded support team. At least
quarterly, the case manager, in consultation with the expanded support team,
shall evaluate the effectiveness of the plan based on progress evaluation data
submitted by the licensed provider to the case manager. The evaluation must identify whether the plan
has been developed and implemented in a manner to achieve the following within
the required timelines:
(1) phasing out the use of prohibited
procedures;
(2) acquisition of skills needed to
eliminate the prohibited procedures within the plan's timeline; and
(3) accomplishment of identified
outcomes.
If adequate progress is not being made, the case manager
shall consult with the person's expanded support team to identify needed
modifications and whether additional professional support is required to
provide consultation.
(e) (f) 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.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 50. Minnesota Statutes 2012, 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 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, a foster care setting licensed under Minnesota Rules, parts 2960.3000 to 2960.3340, or an adult foster care setting licensed under Minnesota Rules, parts 9555.5105 to 9555.6265.
(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) (1) the residential site
must have a designated program supervisor person responsible for
program management, oversight, development, and implementation of
policies and procedures;
(4) (2) the provider of
residential support services must provide supervision, training, and assistance
as described in the person's coordinated service and support plan; and
(5) (3) the provider of
residential support services must meet the requirements of licensure and
additional requirements of the person's 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 must be licensed according to chapter 245D. 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 (g), are considered
registered under this section.
Sec. 51. Minnesota Statutes 2012, 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 must include:
(1) finalizing the written coordinated service and support plan within ten working days after the case manager receives the plan from the certified assessor;
(2) informing the recipient or the recipient's legal guardian or conservator of service options;
(3) assisting the recipient in the identification of potential service providers and available options for case management service and providers;
(4) assisting the recipient to access services and assisting with appeals under section 256.045; and
(5) coordinating, evaluating, and monitoring of the services identified in the service plan.
(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:
(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).
(d) For persons who need a positive
support transition plan as required in chapter 245D, the case manager shall
participate in the development and ongoing evaluation of the plan with the
expanded support team. At least
quarterly, the case manager, in consultation with the expanded support team,
shall evaluate the effectiveness of the plan based on progress evaluation data
submitted by the licensed provider to the case manager. The evaluation must identify whether the plan
has been developed and implemented in a manner to achieve the following within
the required timelines:
(1) phasing out the use of prohibited
procedures;
(2) acquisition of skills
needed to eliminate the prohibited procedures within the plan's timeline; and
(3) accomplishment of identified
outcomes.
If adequate progress is not being made, the case manager
shall consult with the person's expanded support team to identify needed
modifications and whether additional professional support is required to
provide consultation.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 52. Minnesota Statutes 2012, section 256B.4912, subdivision 1, is amended to read:
Subdivision 1. Provider qualifications. (a) For the home and community-based waivers providing services to seniors and individuals with disabilities under sections 256B.0913, 256B.0915, 256B.092, and 256B.49, the commissioner shall establish:
(1) agreements with enrolled waiver service providers to ensure providers meet 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.
(b) Beginning July 1, 2012, staff that provide direct contact, as defined in section 245C.02, subdivision 11, 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.
(c) Beginning January 1, 2014, service
owners and managerial officials overseeing the management or policies of
services that provide direct contact as specified in the federally approved
waiver plans must meet the requirements of chapter 245C prior to reenrollment
or, for new providers, prior to initial enrollment if they have not already
done so as a part of service licensure requirements.
Sec. 53. Minnesota Statutes 2012, section 256B.4912, subdivision 7, is amended to read:
Subd. 7. Applicant
and license holder training. An
applicant or license holder for the home and community-based waivers
providing services to seniors and individuals with disabilities under sections
256B.0913, 256B.0915, 256B.092, and 256B.49 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. Within six months of enrollment, a newly
enrolled home and community-based waiver service provider must ensure that at
least one controlling individual has completed training on waiver and related
program billing. Exemptions to new
waiver provider training requirements may be granted, as determined by the
commissioner.
Sec. 54. Minnesota Statutes 2012, section 256B.4912, is amended by adding a subdivision to read:
Subd. 8. Data
on use of emergency use of manual restraint. Beginning July 1, 2013, facilities and
services to be licensed under chapter 245D shall submit data regarding the use
of emergency use of manual restraint as identified in section 245D.061 in a
format and at a frequency identified by the commissioner.
Sec. 55. Minnesota Statutes 2012, section 256B.4912, is amended by adding a subdivision to read:
Subd. 9. Definitions. (a) For the purposes of this section, the following terms have the meanings given them.
(b) "Controlling individual"
means a public body, governmental agency, business entity, officer, owner, or
managerial official whose responsibilities include the direction of the
management or policies of a program.
(c)
"Managerial official" means an individual who has decision-making
authority related to the operation of the program and responsibility for the
ongoing management of or direction of the policies, services, or employees of
the program.
(d) "Owner" means an
individual who has direct or indirect ownership interest in a corporation or
partnership, or business association enrolling with the Department of Human
Services as a provider of waiver services.
Sec. 56. Minnesota Statutes 2012, section 256B.4912, is amended by adding a subdivision to read:
Subd. 10. Enrollment
requirements. All home and
community-based waiver providers must provide, at the time of enrollment and
within 30 days of a request, in a format determined by the commissioner,
information and documentation that includes, but is not limited to, the
following:
(1) proof of surety bond coverage in
the amount of $50,000 or ten percent of the provider's payments from Medicaid
in the previous calendar year, whichever is greater;
(2) proof of fidelity bond coverage in
the amount of $20,000; and
(3) proof of liability insurance.
Sec. 57. Minnesota Statutes 2012, section 626.557, subdivision 9a, is amended to read:
Subd. 9a. Evaluation
and referral of reports made to common entry point unit. The common entry point must screen the
reports of alleged or suspected maltreatment for immediate risk and make all
necessary referrals as follows:
(1) if the common entry point determines that there is an immediate need for adult protective services, the common entry point agency shall immediately notify the appropriate county agency;
(2) if the report contains suspected criminal activity against a vulnerable adult, the common entry point shall immediately notify the appropriate law enforcement agency;
(3) the common entry point shall refer all
reports of alleged or suspected maltreatment to the appropriate lead
investigative agency as soon as possible, but in any event no longer than two
working days; and
(4) if the report involves services
licensed by the Department of Human Services and subject to chapter 245D, the
common entry point shall refer the report to the county as the lead agency according
to clause (3), but shall also notify the Department of Human Services of the
report; and
(5) (4) if the report contains
information about a suspicious death, the common entry point shall immediately
notify the appropriate law enforcement agencies, the local medical examiner,
and the ombudsman for mental health and developmental disabilities established
under section 245.92. Law enforcement
agencies shall coordinate with the local medical examiner and the ombudsman as
provided by law.
Sec. 58. Minnesota Statutes 2012, 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, community
residential settings, 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. 59. REPORT
ON TRANSFER OF VULNERABLE ADULT MALTREATMENT INVESTIGATION DUTIES.
(a) The commissioner of human services
shall provide a follow-up report on the collection of fees and actual licensing
and maltreatment investigation costs resulting from the reform of the standards
and oversight for home and community-based services as adopted and funded by
the 2013 legislature.
(b) The report must identify actual
fees collected based on provider revenue, distinguish the amount of fees
collected based on non-medical assistance revenue, and determine the impact of
the non-medical assistance revenue on future licensing fees.
(c) The report must recommend how
maltreatment investigations, when conducted by the commissioner of human
services, should be funded and at what amount.
The recommendation must identify whether maltreatment investigation
costs should be recovered through licensure fees, an appropriation from the
general fund, provider fines for substantiated maltreatment, licensing fee
surcharges related to substantiated maltreatment, or a combination of these
sources.
(d) The report must contain a cost
comparison between similar maltreatment investigations completed by the
Minnesota Department of Health and the Department of Human Services, and
describe the method of funding for the investigations conducted by the
Department of Health.
(e) The report must make
recommendations for changes that the commissioner determines are appropriate to
reduce the costs of maltreatment investigations.
(f) The commissioner must
submit the report with draft legislation proposing alternative fees, if
necessary, to the chairs and ranking minority members of the legislative
committees with jurisdiction over health and human services policy and finance
by July 1, 2015.
Sec. 60. INTEGRATED
LICENSING SYSTEM FOR HOME CARE AND HOME AND COMMUNITY-BASED SERVICES.
(a) The Department of Health Compliance
Monitoring Division and the Department of Human Services Licensing Division
shall jointly develop an integrated licensing system for providers of both home
care services subject to licensure under Minnesota Statutes, chapter 144A, and
for home and community-based services subject to licensure under Minnesota
Statutes, chapter 245D. The integrated
licensing system shall:
(1) require only one license of any
provider of services under Minnesota Statutes, sections 144A.43 to 144A.482,
and 245D.03, subdivision 1;
(2) promote quality services that recognize
a person's individual needs and protect the person's health, safety, rights,
and well-being;
(3) promote provider accountability
through application requirements, compliance inspections, investigations, and
enforcement actions;
(4) reference other applicable
requirements in existing state and federal laws, including the federal
Affordable Care Act;
(5) establish internal procedures to
facilitate ongoing communications between the agencies and with providers and
services recipients about the regulatory activities;
(6) create a link between the agency Web
sites so that providers and the public can access the same information
regardless of which Web site is accessed initially; and
(7) collect data on identified outcome
measures as necessary for the agencies to report to the Centers for Medicare
and Medicaid Services.
(b) The joint recommendations for
legislative changes to implement the integrated licensing system are due to the
legislature by February 15, 2014.
(c) Before implementation of the
integrated licensing system, providers licensed as home care providers under
Minnesota Statutes, chapter 144A, may also provide home and community-based
services subject to licensure under Minnesota Statutes, chapter 245D, without
obtaining a home and community-based services license under Minnesota Statutes,
chapter 245D. During this time, the
conditions under clauses (1) to (3) shall apply to these providers:
(1) the provider must comply with all
requirements under Minnesota Statutes, chapter 245D, for services otherwise
subject to licensure under Minnesota Statutes, chapter 245D;
(2) a violation of requirements under
Minnesota Statutes, chapter 245D, may be enforced by the Department of Health
under the enforcement authority set forth in Minnesota Statutes, section
144A.475; and
(3) the Department of Health will
provide information to the Department of Human Services about each provider
licensed under this section, including the provider's license application,
licensing documents, inspections, information about complaints received, and
investigations conducted for possible violations of Minnesota Statutes, chapter
245D.
Sec. 61. REPEALER.
(a) Minnesota Statutes 2012, sections
245B.01; 245B.02; 245B.03; 245B.031; 245B.04; 245B.05, subdivisions 1, 2, 3, 5,
6, and 7; 245B.055; 245B.06; 245B.07; and 245B.08, are repealed effective
January 1, 2014.
(b) Minnesota Statutes 2012, section
245D.08, is repealed.
ARTICLE 9
WAIVER PROVIDER STANDARDS TECHNICAL CHANGES
Section 1. Minnesota Statutes 2012, section 16C.10, subdivision 5, is amended to read:
Subd. 5. Specific purchases. The solicitation process described in this chapter is not required for acquisition of the following:
(1) merchandise for resale purchased under policies determined by the commissioner;
(2) farm and garden products which, as determined by the commissioner, may be purchased at the prevailing market price on the date of sale;
(3) goods and services from the Minnesota correctional facilities;
(4) goods and services from rehabilitation
facilities and extended employment providers that are certified by the
commissioner of employment and economic development, and day training and
habilitation services licensed under sections 245B.01 to 245B.08 chapter
245D;
(5) goods and services for use by a community-based facility operated by the commissioner of human services;
(6) goods purchased at auction or when submitting a sealed bid at auction provided that before authorizing such an action, the commissioner consult with the requesting agency to determine a fair and reasonable value for the goods considering factors including, but not limited to, costs associated with submitting a bid, travel, transportation, and storage. This fair and reasonable value must represent the limit of the state's bid;
(7) utility services where no competition exists or where rates are fixed by law or ordinance; and
(8) goods and services from Minnesota sex offender program facilities.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 2. Minnesota Statutes 2012, section 16C.155, subdivision 1, is amended to read:
Subdivision 1. Service
contracts. The commissioner of
administration shall ensure that a portion of all contracts for janitorial
services; document imaging; document shredding; and mailing, collating, and
sorting services be awarded by the state to rehabilitation programs and
extended employment providers that are certified by the commissioner of
employment and economic development, and day training and habilitation
services licensed under sections 245B.01 to 245B.08 chapter 245D. The amount of each contract awarded under
this section may exceed the estimated fair market price as determined by the
commissioner for the same goods and services by up to six percent. The aggregate value of the contracts awarded
to eligible providers under this section in any given year must exceed 19
percent of the total value of all contracts for janitorial services; document
imaging; document shredding; and mailing, collating, and sorting services
entered into in the same year. For the
19 percent requirement to be applicable in any given year, the contract amounts
proposed by eligible providers must be within six percent of the estimated fair
market price for at least 19 percent of the contracts awarded for the
corresponding service area.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 3. Minnesota Statutes 2012, section 144D.01, subdivision 4, is amended to read:
Subd. 4. Housing with services establishment or establishment. (a) "Housing with services establishment" or "establishment" means:
(1) an establishment providing sleeping accommodations to one or more adult residents, at least 80 percent of which are 55 years of age or older, and offering or providing, for a fee, one or more regularly scheduled health-related services or two or more regularly scheduled supportive services, whether offered or provided directly by the establishment or by another entity arranged for by the establishment; or
(2) an establishment that registers under section 144D.025.
(b) Housing with services establishment does not include:
(1) a nursing home licensed under chapter 144A;
(2) a
hospital, certified boarding care home, or supervised living facility licensed
under sections 144.50 to 144.56;
(3) a
board and lodging establishment licensed under chapter 157 and Minnesota Rules,
parts 9520.0500 to 9520.0670, 9525.0215 to 9525.0355, 9525.0500 to 9525.0660,
or 9530.4100 to 9530.4450, or under chapter 245B 245D;
(4) a board and lodging establishment which serves as a shelter for battered women or other similar purpose;
(5) a family adult foster care home licensed by the Department of Human Services;
(6) private homes in which the residents are related by kinship, law, or affinity with the providers of services;
(7) residential settings for persons with developmental disabilities in which the services are licensed under Minnesota Rules, parts 9525.2100 to 9525.2140, or applicable successor rules or laws;
(8) a home-sharing arrangement such as when an elderly or disabled person or single-parent family makes lodging in a private residence available to another person in exchange for services or rent, or both;
(9) a duly organized condominium, cooperative, common interest community, or owners' association of the foregoing where at least 80 percent of the units that comprise the condominium, cooperative, or common interest community are occupied by individuals who are the owners, members, or shareholders of the units; or
(10) services for persons with
developmental disabilities that are provided under a license according to
Minnesota Rules, parts 9525.2000 to 9525.2140 in effect until January 1, 1998,
or under chapter 245B 245D.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 4. Minnesota Statutes 2012, section 174.30, subdivision 1, is amended to read:
Subdivision 1. Applicability. (a) The operating standards for special transportation service adopted under this section do not apply to special transportation provided by:
(1) a common carrier operating on fixed routes and schedules;
(2) a volunteer driver using a private automobile;
(3) a school bus as defined in section 169.011, subdivision 71; or
(4) an emergency ambulance regulated under chapter 144.
(b) The operating standards adopted under this section only apply to providers of special transportation service who receive grants or other financial assistance from either the state or the federal government, or both, to provide or assist in providing that service; except that the operating standards adopted under this section do not apply to any nursing home licensed under section 144A.02, to any board and care facility licensed under section 144.50, or to any day training and habilitation services, day care, or group home facility licensed under sections 245A.01 to 245A.19 unless the facility or program provides transportation to nonresidents on a regular basis and the facility receives reimbursement, other than per diem payments, for that service under rules promulgated by the commissioner of human services.
(c) Notwithstanding paragraph (b), the
operating standards adopted under this section do not apply to any vendor of
services licensed under chapter 245B 245D that provides
transportation services to consumers or residents of other vendors licensed
under chapter 245B 245D and transports 15 or fewer persons,
including consumers or residents and the driver.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 5. Minnesota Statutes 2012, section 245A.02, subdivision 1, is amended to read:
Subdivision
1. Scope. The terms used in this chapter and
chapter 245B have the meanings given them in this section.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 6. Minnesota Statutes 2012, section 245A.02, subdivision 9, is amended to read:
Subd. 9. License
holder. "License holder"
means an individual, corporation, partnership, voluntary association, or other
organization that is legally responsible for the operation of the program, has
been granted a license by the commissioner
under this chapter or chapter 245B 245D and the rules of the
commissioner, and is a controlling individual.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 7. Minnesota Statutes 2012, section 245A.03, subdivision 9, is amended to read:
Subd. 9. Permitted services by an individual who is related. Notwithstanding subdivision 2, paragraph (a), clause (1), and subdivision 7, an individual who is related to a person receiving supported living services may provide licensed services to that person if:
(1) the person who receives supported living services received these services in a residential site on July 1, 2005;
(2) the services under clause (1) were provided in a corporate foster care setting for adults and were funded by the developmental disabilities home and community-based services waiver defined in section 256B.092;
(3) the individual who is related obtains
and maintains both a license under chapter 245B 245D and an adult
foster care license under Minnesota Rules, parts 9555.5105 to 9555.6265; and
(4) the individual who is related is not the guardian of the person receiving supported living services.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 8. Minnesota Statutes 2012, section 245A.04, subdivision 13, is amended to read:
Subd. 13. Funds
and property; other requirements. (a)
A license holder must ensure that persons served by the program retain the use
and availability of personal funds or property unless restrictions are
justified in the person's individual plan.
This subdivision does not apply to programs governed by the
provisions in section 245B.07, subdivision 10.
(b) The license holder must ensure separation of funds of persons served by the program from funds of the license holder, the program, or program staff.
(c) Whenever the license holder assists a person served by the program with the safekeeping of funds or other property, the license holder must:
(1) immediately document receipt and disbursement of the person's funds or other property at the time of receipt or disbursement, including the person's signature, or the signature of the conservator or payee; and
(2)
return to the person upon the person's request, funds and property in the license
holder's possession subject to restrictions in the person's treatment plan, as
soon as possible, but no later than three working days after the date of
request.
(d) License holders and program staff must not:
(1) borrow money from a person served by the program;
(2) purchase personal items from a person served by the program;
(3) sell merchandise or personal services to a person served by the program;
(4) require a person served by the program to purchase items for which the license holder is eligible for reimbursement; or
(5) use funds of persons served by the program to purchase items for which the facility is already receiving public or private payments.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 9. Minnesota Statutes 2012, 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;
(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;
(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.
(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 home and community-based services, as defined under
identified in section 245B.02, subdivision 20 245D.03,
subdivision 1, and a community residential setting or day services
facility license to provide foster care under chapter 245D where
the services are provided, 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.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 10. Minnesota Statutes 2012, 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 148E.010 and 148E.055, or a qualified developmental
disabilities specialist under section 245B.07, subdivision 4 designated
coordinator under section 245D.081, subdivision 2. The qualified professional shall perform the
duties required in section 256B.0659.
EFFECTIVE
DATE. This section is effective
January 1, 2014.
Sec. 11. Minnesota Statutes 2012, section 256B.5011, subdivision 2, is amended to read:
Subd. 2. Contract provisions. (a) The service contract with each intermediate care facility must include provisions for:
(1) modifying payments when significant changes occur in the needs of the consumers;
(2) appropriate and necessary statistical information required by the commissioner;
(3) annual aggregate facility financial information; and
(4)
additional requirements for intermediate care facilities not meeting the
standards set forth in the service contract.
(b) The commissioner of human services and
the commissioner of health, in consultation with representatives from counties,
advocacy organizations, and the provider community, shall review the
consolidated standards under chapter 245B and the home and
community-based services standards under chapter 245D and the supervised
living facility rule under Minnesota Rules, chapter 4665, to determine what
provisions in Minnesota Rules, chapter 4665, may be waived by the commissioner
of health for intermediate care facilities in order to enable facilities to
implement the performance measures in their contract and provide quality
services to residents without a duplication of or increase in regulatory
requirements.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 12. Minnesota Statutes 2012, section 471.59, subdivision 1, is amended to read:
Subdivision 1. Agreement. Two or more governmental units, by
agreement entered into through action of their governing bodies, may jointly or
cooperatively exercise any power common to the contracting parties or any
similar powers, including those which are the same except for the territorial
limits within which they may be exercised.
The agreement may provide for the exercise of such powers by one or more
of the participating governmental units on behalf of the other participating
units. The term "governmental
unit" as used in this section includes every city, county, town, school
district, independent nonprofit firefighting corporation, other political
subdivision of this or another state, another state, federally recognized
Indian tribe, the University of Minnesota, the Minnesota Historical Society,
nonprofit hospitals licensed under sections 144.50 to 144.56, rehabilitation
facilities and extended employment providers that are certified by the
commissioner of employment and economic development, day training and
habilitation services licensed under sections 245B.01 to 245B.08, day
and supported employment services licensed under chapter 245D, and any
agency of the state of Minnesota or the United States, and includes any
instrumentality of a governmental unit. For
the purpose of this section, an instrumentality of a governmental unit means an
instrumentality having independent policy-making and appropriating authority.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 13. Minnesota Statutes 2012, 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;
(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).
(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, 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.
(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 245D;
(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 Minnesota Statutes 2010, section 260C.201, subdivision 11, paragraph (d), clause (1), section 260C.515, subdivision 4, 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 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.
(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.
(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.
(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.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 14. Minnesota Statutes 2012, section 626.556, subdivision 3, is amended to read:
Subd. 3. Persons mandated to report. (a) A person who knows or has reason to believe a child is being neglected or physically or sexually abused, as defined in subdivision 2, or has been neglected or physically or sexually abused within the preceding three years, shall immediately report the information to the local welfare agency, agency responsible for assessing or investigating the report, police department, or the county sheriff if the person is:
(1) a professional or professional's delegate who is engaged in the practice of the healing arts, social services, hospital administration, psychological or psychiatric treatment, child care, education, correctional supervision, probation and correctional services, or law enforcement; or
(2) employed as a member of the clergy and received the information while engaged in ministerial duties, provided that a member of the clergy is not required by this subdivision to report information that is otherwise privileged under section 595.02, subdivision 1, paragraph (c).
The police department or the county sheriff, upon receiving a report, shall immediately notify the local welfare agency or agency responsible for assessing or investigating the report, orally and in writing. The local welfare agency, or agency responsible for assessing or investigating the report, upon receiving a report, shall immediately notify the local police department or the county sheriff orally and in writing. The county sheriff and the head of every local welfare agency, agency responsible for assessing or investigating reports, and police department shall each designate a person within their agency, department, or office who is responsible for ensuring that the notification duties of this paragraph and paragraph (b) are carried out. Nothing in this subdivision shall be construed to require more than one report from any institution, facility, school, or agency.
(b) Any person may voluntarily report to the local welfare agency, agency responsible for assessing or investigating the report, police department, or the county sheriff if the person knows, has reason to believe, or suspects a child is being or has been neglected or subjected to physical or sexual abuse. The police department or the county sheriff, upon receiving a report, shall immediately notify the local welfare agency or agency responsible for assessing or investigating the report, orally and in writing. The local welfare agency or agency responsible for assessing or investigating the report, upon receiving a report, shall immediately notify the local police department or the county sheriff orally and in writing.
(c) A person mandated to report physical or
sexual child abuse or neglect occurring within a licensed facility shall report
the information to the agency responsible for licensing the facility under
sections 144.50 to 144.58; 241.021; 245A.01 to 245A.16; or chapter 245B 245D;
or a nonlicensed personal care provider organization as defined in sections
256B.04, subdivision 16; and 256B.0625, subdivision 19. A health or corrections agency receiving a report may request the local welfare
agency to provide assistance pursuant to subdivisions 10, 10a, and 10b. A board or other entity whose licensees
perform work within a school facility, upon receiving a complaint of alleged
maltreatment, shall provide information about the circumstances of the alleged
maltreatment to the commissioner of education. Section 13.03, subdivision 4, applies to data
received by the commissioner of education from a licensing entity.
(d) Any person mandated to report shall receive a summary of the disposition of any report made by that reporter, including whether the case has been opened for child protection or other services, or if a referral has been made to a community organization, unless release would be detrimental to the best interests of the child. Any person who is not mandated to report shall, upon request to the local welfare agency, receive a concise summary of the disposition of any report made by that reporter, unless release would be detrimental to the best interests of the child.
(e) For purposes of this section, "immediately" means as soon as possible but in no event longer than 24 hours.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 15. Minnesota Statutes 2012, section 626.556, subdivision 10d, is amended to read:
Subd. 10d. Notification
of neglect or abuse in facility. (a)
When a report is received that alleges neglect, physical abuse, sexual abuse,
or maltreatment of a child while in the care of a licensed or unlicensed day
care facility, residential facility, agency, hospital, sanitarium, or other
facility or institution required to be licensed according to sections 144.50 to
144.58; 241.021; or 245A.01 to 245A.16; or chapter 245B 245D, or
a school as defined in sections 120A.05, subdivisions 9, 11, and 13; and
124D.10; or a nonlicensed personal care provider organization as defined in
section 256B.04, subdivision 16, and 256B.0625, subdivision 19a, the
commissioner of the agency responsible for assessing or investigating the
report or local welfare agency investigating the report shall provide the
following information to the parent, guardian, or legal custodian of a child
alleged to have been neglected, physically abused, sexually abused, or the
victim of maltreatment of a child in the facility: the name of the facility; the fact that a
report alleging neglect, physical abuse, sexual abuse, or maltreatment of a
child in the facility has been received; the nature of the alleged neglect,
physical abuse, sexual abuse, or maltreatment of a child in the facility; that
the agency is conducting an assessment or investigation; any protective or
corrective measures being taken pending the outcome of the investigation; and
that a written memorandum will be provided when the investigation is completed.
(b) The commissioner of the agency responsible for assessing or investigating the report or local welfare agency may also provide the information in paragraph (a) to the parent, guardian, or legal custodian of any other child in the facility if the investigative agency knows or has reason to believe the alleged neglect, physical abuse, sexual abuse, or maltreatment of a child in the facility has occurred. In determining whether to exercise this authority, the commissioner of the agency responsible for assessing or investigating the report or local welfare agency shall consider the seriousness of the alleged neglect, physical abuse, sexual abuse, or maltreatment of a child in the facility; the number of children allegedly neglected, physically abused, sexually abused, or victims of maltreatment of a child in the facility; the number of alleged perpetrators; and the length of the investigation. The facility shall be notified whenever this discretion is exercised.
(c) When the commissioner of the agency responsible for assessing or investigating the report or local welfare agency has completed its investigation, every parent, guardian, or legal custodian previously notified of the investigation by the commissioner or local welfare agency shall be provided with the following information in a written memorandum: the name of the facility investigated; the nature of the alleged neglect, physical abuse, sexual abuse, or maltreatment of a child in the facility; the investigator's name; a summary of the investigation findings; a statement whether maltreatment was found; and the protective or corrective measures that are being or will be taken. The memorandum shall be written in a manner that protects the identity of the reporter and the child and shall not contain the name, or to the extent possible, reveal the identity of the alleged perpetrator or of those interviewed during the investigation. If maltreatment is determined to exist, the commissioner or local welfare agency shall also provide the written memorandum to the parent, guardian, or legal custodian of each child in the facility who had contact with the individual responsible for the maltreatment. When the facility is the responsible party for maltreatment, the commissioner or local welfare agency shall also provide the written memorandum to the parent, guardian, or legal custodian of each child who received services in the population of the facility where the maltreatment occurred. This notification must be provided to the parent, guardian, or legal custodian of each child receiving services from the time the maltreatment occurred until either the individual responsible for maltreatment is no longer in contact with a child or children in the facility or the conclusion of the investigation. In the case of maltreatment within a school facility, as defined in sections 120A.05, subdivisions 9, 11, and 13, and 124D.10, the commissioner of education need not provide notification to parents, guardians, or legal custodians of each child in the facility, but shall, within ten days after the investigation is completed, provide written notification to the parent, guardian, or legal custodian of any student alleged to have been maltreated. The commissioner of education may notify the parent, guardian, or legal custodian of any student involved as a witness to alleged maltreatment.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 16. REPEALER.
Minnesota Statutes 2012, section
256B.49, subdivision 16a, is repealed effective January 1, 2014.
ARTICLE 10
HEALTH-RELATED LICENSING BOARDS
Section 1. Minnesota Statutes 2012, section 148B.17, subdivision 2, is amended to read:
Subd. 2. Licensure
and application fees. Nonrefundable
licensure and application fees charged established by the board are
as follows shall not exceed the following amounts:
(1) application fee for national
examination is $220 $110;
(2) application fee for Licensed Marriage and Family Therapist (LMFT) state examination is $110;
(3) initial LMFT license fee is prorated, but cannot exceed $125;
(4) annual renewal fee for LMFT license is $125;
(5) late fee for initial Licensed
Associate Marriage and Family Therapist LAMFT LMFT license renewal
is $50;
(6) application fee for LMFT licensure by
reciprocity is $340 $220;
(7) fee for initial Licensed Associate Marriage and Family Therapist (LAMFT) license is $75;
(8) annual renewal fee for LAMFT license is $75;
(9) late fee for LAMFT renewal is $50
$25;
(10) fee for reinstatement of license is $150; and
(11) fee for emeritus status is $125.
Sec. 2. Minnesota Statutes 2012, section 151.19, subdivision 1, is amended to read:
Subdivision 1. Pharmacy
registration licensure requirements. The board shall require and provide
for the annual registration of every pharmacy now or hereafter doing business
within this state. Upon the payment of
any applicable fee specified in section 151.065, the board shall issue a
registration certificate in such form as it may prescribe to such persons as
may be qualified by law to conduct a pharmacy.
Such certificate shall be displayed in a conspicuous place in the
pharmacy for which it is issued and expire on the 30th day of June following the
date of issue. It shall be unlawful for
any person to conduct a pharmacy unless such certificate has been issued to the
person by the board. (a) No
person shall operate a pharmacy without first obtaining a license from the
board and paying any applicable fee specified in section 151.065. The license shall be displayed in a
conspicuous place in the pharmacy for which it is issued and expires on June 30
following the date of issue. It is
unlawful for any person to operate a pharmacy unless the license has been
issued to the person by the board.
(b) Application for a pharmacy license
under this section shall be made in a manner specified by the board.
(c) No license shall be issued or renewed
for a pharmacy located within the state unless the applicant agrees to operate
the pharmacy in a manner prescribed by federal and state law and according to
rules adopted by the board. No license
shall be issued for a pharmacy located outside of the state unless the
applicant agrees to operate the pharmacy in a manner prescribed by federal law
and, when dispensing medications for residents of this state, the laws of this
state, and Minnesota Rules.
(d) No license shall be issued
or renewed for a pharmacy that is required to be licensed or registered by the
state in which it is physically located unless the applicant supplies the board
with proof of such licensure or registration.
(e) The board shall require a separate
license for each pharmacy located within the state and for each pharmacy
located outside of the state at which any portion of the dispensing process
occurs for drugs dispensed to residents of this state.
(f) The board shall not issue an initial
or renewed license for a pharmacy unless the pharmacy passes an inspection
conducted by an authorized representative of the board. In the case of a pharmacy located outside of
the state, the board may require the applicant to pay the cost of the
inspection, in addition to the license fee in section 151.065, unless the
applicant furnishes the board with a report, issued by the appropriate
regulatory agency of the state in which the facility is located, of an
inspection that has occurred within the 24 months immediately preceding receipt
of the license application by the board.
The board may deny licensure unless the applicant submits documentation
satisfactory to the board that any deficiencies noted in an inspection report
have been corrected.
(g) The board shall not issue an initial
or renewed license for a pharmacy located outside of the state unless the
applicant discloses and certifies:
(1) the location, names, and titles of
all principal corporate officers and all pharmacists who are involved in
dispensing drugs to residents of this state;
(2) that it maintains its records of
drugs dispensed to residents of this state so that the records are readily
retrievable from the records of other drugs dispensed;
(3) that it agrees to cooperate with, and
provide information to, the board concerning matters related to dispensing
drugs to residents of this state;
(4) that, during its regular hours of
operation, but no less than six days per week, for a minimum of 40 hours per
week, a toll-free telephone service is provided to facilitate communication
between patients in this state and a pharmacist at the pharmacy who has access
to the patients' records; the toll-free number must be disclosed on the label
affixed to each container of drugs dispensed to residents of this state; and
(5) that, upon request of a resident of a
long-term care facility located in this state, the resident's authorized
representative, or a contract pharmacy or licensed health care facility acting
on behalf of the resident, the pharmacy will dispense medications prescribed
for the resident in unit-dose packaging or, alternatively, comply with section
151.415, subdivision 5.
Sec. 3. Minnesota Statutes 2012, section 151.19, subdivision 3, is amended to read:
Subd. 3. Sale
of federally restricted medical gases. The
board shall require and provide for the annual registration of every person or
establishment not licensed as a pharmacy or a practitioner engaged in the
retail sale or distribution of federally restricted medical gases. Upon the payment of any applicable fee
specified in section 151.065, the board shall issue a registration certificate
in such form as it may prescribe to those persons or places that may be
qualified to sell or distribute federally restricted medical gases. The certificate shall be displayed in a
conspicuous place in the business for which it is issued and expire on the date
set by the board. It is unlawful for a
person to sell or distribute federally restricted medical gases unless a
certificate has been issued to that person by the board. (a) A person or establishment not licensed
as a pharmacy or a practitioner shall not engage in the retail sale or
distribution of federally restricted medical gases without first obtaining a
registration from the board and paying the applicable fee specified in section
151.065. The registration shall be
displayed in a conspicuous place in the business for which it is issued and
expires on the date set by the board. It
is unlawful for a person to sell or distribute federally restricted medical
gases unless a certificate has been issued to that person by the board.
(b) Application for a medical
gas distributor registration under this section shall be made in a manner
specified by the board.
(c) No registration shall be issued or
renewed for a medical gas distributor located within the state unless the
applicant agrees to operate in a manner prescribed by federal and state law and
according to the rules adopted by the board.
No license shall be issued for a medical gas distributor located outside
of the state unless the applicant agrees to operate in a manner prescribed by
federal law and, when distributing medical gases for residents of this state,
the laws of this state and Minnesota Rules.
(d) No registration shall be issued or
renewed for a medical gas distributor that is required to be licensed or
registered by the state in which it is physically located unless the applicant
supplies the board with proof of the licensure or registration. The board may, by rule, establish standards
for the registration of a medical gas distributor that is not required to be
licensed or registered by the state in which it is physically located.
(e) The board shall require a separate
registration for each medical gas distributor located within the state and for
each facility located outside of the state from which medical gases are distributed
to residents of this state.
(f) The board shall not issue an initial
or renewed registration for a medical gas distributor unless the medical gas
distributor passes an inspection conducted by an authorized representative of
the board. In the case of a medical gas
distributor located outside of the state, the board may require the applicant
to pay the cost of the inspection, in addition to the license fee in section
151.065, unless the applicant furnishes the board with a report, issued by the appropriate
regulatory agency of the state in which the facility is located, of an
inspection that has occurred within the 24 months immediately preceding receipt
of the license application by the board.
The board may deny licensure unless the applicant submits documentation
satisfactory to the board that any deficiencies noted in an inspection report
have been corrected.
Sec. 4. [151.252]
LICENSING OF DRUG MANUFACTURERS; FEES; PROHIBITIONS.
Subdivision 1. Requirements. (a) No person shall act as a drug
manufacturer without first obtaining a license from the board and paying any
applicable fee specified in section 151.065.
(b)
Application for a drug manufacturer license under this section shall be made in
a manner specified by the board.
(c) No license shall be issued or renewed
for a drug manufacturer unless the applicant agrees to operate in a manner
prescribed by federal and state law and according to Minnesota Rules.
(d) No license shall be issued or renewed
for a drug manufacturer that is required to be registered pursuant to United
State Code, title 21, section 360, unless the applicant supplies the board with
proof of registration. The board may
establish by rule the standards for licensure of drug manufacturers that are
not required to be registered under United States Code, title 21, section 360.
(e) No license shall be issued or renewed
for a drug manufacturer that is required to be licensed or registered by the
state in which it is physically located unless the applicant supplies the board
with proof of licensure or registration.
The board may establish, by rule, standards for the licensure of a drug
manufacturer that is not required to be licensed or registered by the state in
which it is physically located.
(f) The board shall require a separate
license for each facility located within the state at which drug manufacturing
occurs and for each facility located outside of the state at which drugs that
are shipped into the state are manufactured.
(g) The board shall not issue
an initial or renewed license for a drug manufacturing facility unless the
facility passes an inspection conducted by an authorized representative of the
board. In the case of a drug
manufacturing facility located outside of the state, the board may require the
applicant to pay the cost of the inspection, in addition to the license fee in
section 151.065, unless the applicant furnishes the board with a report, issued
by the appropriate regulatory agency of the state in which the facility is
located or by the United States Food and Drug Administration, of an inspection
that has occurred within the 24 months immediately preceding receipt of the
license application by the board. The
board may deny licensure unless the applicant submits documentation
satisfactory to the board that any deficiencies noted in an inspection report
have been corrected.
Subd. 2. Prohibition. It is unlawful for any person engaged
in drug manufacturing to sell legend drugs to anyone located in this state
except as provided in this chapter.
Subd. 3. Payment
to practitioner; reporting. Unless
prohibited by United States Code, title 42, section 1320a-7h, a drug
manufacturer shall file with the board an annual report, in a form and on the
date prescribed by the board, identifying all payments, honoraria,
reimbursement, or other compensation authorized under section 151.461, clauses
(4) and (5), paid to practitioners in Minnesota during the preceding calendar
year. The report shall identify the
nature and value of any payments totaling $100 or more to a particular
practitioner during the year, and shall identify the practitioner. Reports filed under this subdivision are
public data.
Sec. 5. Minnesota Statutes 2012, section 151.37, subdivision 4, is amended to read:
Subd. 4. Research. (a) Any qualified person may use legend drugs in the course of a bona fide research project, but cannot administer or dispense such drugs to human beings unless such drugs are prescribed, dispensed, and administered by a person lawfully authorized to do so.
(b) Drugs may be dispensed or distributed
by a pharmacy licensed by the board for use by, or administration to, patients
enrolled in a bona fide research study that is being conducted pursuant to
either an investigational new drug application approved by the United States
Food and Drug Administration or that has been approved by an institutional
review board. For the purposes of this
subdivision only:
(1) a prescription drug order is not
required for a pharmacy to dispense a research drug, unless the study protocol
requires the pharmacy to receive such an order;
(2) notwithstanding the prescription
labeling requirements found in this chapter or the rules promulgated by the
board, a research drug may be labeled as required by the study protocol; and
(3) dispensing and distribution of
research drugs by pharmacies shall not be considered compounding,
manufacturing, or wholesaling under this chapter.
(c) An entity that is under contract to a
federal agency for the purpose of distributing drugs for bona fide research
studies is exempt from the drug wholesaler licensing requirements of this
chapter. Any other entity is exempt from
the drug wholesaler licensing requirements of this chapter if the board finds
that the entity is licensed or registered according to the laws of the state in
which it is physically located and it is distributing drugs for use by, or
administration to, patients enrolled in a bona fide research study that is
being conducted pursuant to either an investigational new drug application approved
by the United States Food and Drug Administration or that has been approved by
an institutional review board.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 6. Minnesota Statutes 2012, section 151.47, subdivision 1, is amended to read:
Subdivision 1. Requirements. (a) All wholesale drug
distributors are subject to the requirements in paragraphs (a) to (f) of
this subdivision.
(a) (b) No person or
distribution outlet shall act as a wholesale drug distributor without first
obtaining a license from the board and paying any applicable fee specified in
section 151.065.
(c) Application for a wholesale drug
distributor license under this section shall be made in a manner specified by
the board.
(b) (d) No license shall be
issued or renewed for a wholesale drug distributor to operate unless the
applicant agrees to operate in a manner prescribed by federal and state law and
according to the rules adopted by the board.
(c) The board may require a separate
license for each facility directly or indirectly owned or operated by the same
business entity within the state, or for a parent entity with divisions,
subsidiaries, or affiliate companies within the state, when operations are
conducted at more than one location and joint ownership and control exists
among all the entities.
(e) No license may be issued or renewed
for a drug wholesale distributor that is required to be licensed or registered
by the state in which it is physically located unless the applicant supplies the
board with proof of licensure or registration.
The board may establish, by rule, standards for the licensure of a drug
wholesale distributor that is not required to be licensed or registered by the
state in which it is physically located.
(f) The board shall require a separate
license for each drug wholesale distributor facility located within the state
and for each drug wholesale distributor facility located outside of the state
from which drugs are shipped into the state or to which drugs are reverse
distributed.
(g) The board shall not issue an initial
or renewed license for a drug wholesale distributor facility unless the
facility passes an inspection conducted by an authorized representative of the
board, or is accredited by an accreditation program approved by the board. In the case of a drug wholesale distributor
facility located outside of the state, the board may require the applicant to
pay the cost of the inspection, in addition to the license fee in section
151.065, unless the applicant furnishes the board with a report, issued by the
appropriate regulatory agency of the state in which the facility is located, of
an inspection that has occurred within the 24 months immediately preceding
receipt of the license application by the board, or furnishes the board with
proof of current accreditation. The
board may deny licensure unless the applicant submits documentation
satisfactory to the board that any deficiencies noted in an inspection report
have been corrected.
(d) (h) As a condition for receiving
and retaining a wholesale drug distributor license issued under sections 151.42
to 151.51, an applicant shall satisfy the board that it has and will
continuously maintain:
(1) adequate storage conditions and facilities;
(2) minimum liability and other insurance as may be required under any applicable federal or state law;
(3) a viable security system that includes an after hours central alarm, or comparable entry detection capability; restricted access to the premises; comprehensive employment applicant screening; and safeguards against all forms of employee theft;
(4) a system of records describing all wholesale drug distributor activities set forth in section 151.44 for at least the most recent two-year period, which shall be reasonably accessible as defined by board regulations in any inspection authorized by the board;
(5) principals and persons, including officers, directors, primary shareholders, and key management executives, who must at all times demonstrate and maintain their capability of conducting business in conformity with sound financial practices as well as state and federal law;
(6) complete, updated information, to be provided to the board as a condition for obtaining and retaining a license, about each wholesale drug distributor to be licensed, including all pertinent corporate licensee information, if applicable, or other ownership, principal, key personnel, and facilities information found to be necessary by the board;
(7) written policies and procedures that assure reasonable wholesale drug distributor preparation for, protection against, and handling of any facility security or operation problems, including, but not limited to, those caused by natural disaster or government emergency, inventory inaccuracies or product shipping and receiving, outdated product or other unauthorized product control, appropriate disposition of returned goods, and product recalls;
(8) sufficient inspection procedures for all incoming and outgoing product shipments; and
(9) operations in compliance with all federal requirements applicable to wholesale drug distribution.
(e) (i) An agent or employee of any licensed
wholesale drug distributor need not seek licensure under this section.
(f) A wholesale drug distributor shall
file with the board an annual report, in a form and on the date prescribed by
the board, identifying all payments, honoraria, reimbursement or other
compensation authorized under section 151.461, clauses (3) to (5), paid to
practitioners in Minnesota during the preceding calendar year. The report shall identify the nature and
value of any payments totaling $100 or more, to a particular practitioner
during the year, and shall identify the practitioner. Reports filed under this provision are public
data.
Sec. 7. Minnesota Statutes 2012, section 151.47, is amended by adding a subdivision to read:
Subd. 3. Prohibition. It is unlawful for any person engaged
in wholesale drug distribution to sell drugs to a person located within the
state or to receive drugs in reverse distribution from a person located within
the state except as provided in this chapter.
Sec. 8. Minnesota Statutes 2012, section 151.49, is amended to read:
151.49
LICENSE RENEWAL APPLICATION PROCEDURES.
Application blanks or notices for renewal of a license required by sections 151.42 to 151.51 shall be mailed or otherwise provided to each licensee on or before the first day of the month prior to the month in which the license expires and, if application for renewal of the license with the required fee and supporting documents is not made before the expiration date, the existing license or renewal shall lapse and become null and void upon the date of expiration.
Sec. 9. [214.075]
HEALTH-RELATED LICENSING BOARDS; CRIMINAL BACKGROUND CHECKS.
Subdivision 1. Applications. (a) By January 1, 2018, each
health-related licensing board, as defined in section 214.01, subdivision 2,
shall require applicants for initial licensure, licensure by endorsement, or
reinstatement or other relicensure after a lapse in licensure, as defined by
the individual health-related licensing boards, to submit to a criminal history
records check of state data completed by the Bureau of Criminal Apprehension
(BCA) and a national criminal history
records check, including a search of the records of the Federal Bureau of
Investigation (FBI).
(b) An applicant must complete
a criminal background check if more than one year has elapsed since the
applicant last submitted a background check to the board.
Subd. 2. Investigations. If a health-related licensing board
has reasonable cause to believe a licensee has been charged with or convicted
of a crime in this or any other jurisdiction, the health-related licensing
board may require the licensee to submit to a criminal history records check of
state data completed by the BCA and a national criminal history records check,
including a search of the records of the FBI.
Subd. 3. Consent form; fees; fingerprints. (a) In order to effectuate the federal and state level, fingerprint-based criminal background check, the applicant or licensee must submit a completed criminal history records check consent form and a full set of fingerprints to the respective health-related licensing board or a designee in the manner and form specified by the board.
(b) The applicant or licensee is responsible for all fees associated with preparation of the fingerprints, the criminal records check consent form, and the criminal background check. The fees for the criminal records background check shall be set by the BCA and the FBI and are not refundable. The fees shall be submitted to the respective health-related licensing board by the applicant or licensee as prescribed by the respective board.
(c) All fees received by the
health-related licensing boards under this subdivision shall be deposited in a
dedicated account in the special revenue fund and are appropriated to the Board
of Nursing Home Administrators for the administrative services unit to pay for
the criminal background checks conducted by the Bureau of Criminal Apprehension
and Federal Bureau of Investigation.
Subd. 4. Refusal
to consent. (a) The
health-related licensing boards shall not issue a license to any applicant who
refuses to consent to a criminal background check or fails to submit fingerprints
within 90 days after submission of an application for licensure. Any fees paid by the applicant to the board
shall be forfeited if the applicant refuses to consent to the criminal
background check or fails to submit the required fingerprints.
(b) The failure of a licensee to submit
to a criminal background check as provided in subdivision 3 is grounds for
disciplinary action by the respective health licensing board.
Subd. 5. Submission
of fingerprints to the Bureau of Criminal Apprehension. The health-related licensing board or
designee shall submit applicant or licensee fingerprints to the BCA. The BCA shall perform a check for state
criminal justice information and shall forward the applicant's or licensee's
fingerprints to the FBI to perform a check for national criminal justice
information regarding the applicant or licensee. The BCA shall report to the board the results
of the state and national criminal justice information checks.
Subd. 6. Alternatives
to fingerprint-based criminal background checks. The health-related licensing board may
require an alternative method of criminal history checks for an applicant or
licensee who has submitted at least three sets of fingerprints in accordance
with this section that have been unreadable by the BCA or the FBI.
Subd. 7. Opportunity
to challenge accuracy of report. Prior
to taking disciplinary action against an applicant or a licensee based on a
criminal conviction, the health-related licensing board shall provide the
applicant or the licensee an opportunity to complete or challenge the accuracy
of the criminal history information reported to the board. The applicant or licensee shall have 30
calendar days following notice from the board of the intent to deny licensure
or to take disciplinary action to request an opportunity to correct or complete
the record prior to the board taking disciplinary action based on the
information reported to the board. The
board shall provide the applicant up to 180 days to challenge the accuracy or
completeness of the report with the agency responsible for the record. This subdivision
does not affect the right of the subject of the data to contest the accuracy or
completeness under section 13.04, subdivision 4.
Subd. 8. Instructions
to the board; plans. The
health-related licensing boards, in collaboration with the commissioner of
human services and the BCA, shall establish a plan for completing criminal
background checks of all licensees who were licensed before the effective date
requirement under subdivision 1. The
plan must seek to minimize duplication of requirements for background checks of
licensed health professionals. The plan
for background checks of current licensees shall be developed no later than
January 1, 2017, and may be contingent upon the implementation of a system by
the BCA or FBI in which any new crimes that an applicant or licensee commits
after an initial background check are flagged in the BCA's or FBI's database
and reported back to the board. The plan
shall include recommendations for any necessary statutory changes.
Sec. 10. Minnesota Statutes 2012, section 214.12, is amended by adding a subdivision to read:
Subd. 4. Parental
depression. The
health-related licensing boards that regulate professions that serve caregivers
at risk of depression, or their children, including behavioral health and
therapy, chiropractic, marriage and family therapy, medical practice, nursing,
psychology, and social work, shall provide educational materials to licensees
on the subject of parental depression and its potential effects on children if
unaddressed, including how to:
(1) screen mothers for depression;
(2) identify children who are affected
by their mother's depression; and
(3) provide treatment or referral
information on needed services.
Sec. 11. Minnesota Statutes 2012, section 214.40, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this section.
(b) "Administrative services unit" means the administrative services unit for the health-related licensing boards.
(c) "Charitable organization" means a charitable organization within the meaning of section 501(c)(3) of the Internal Revenue Code that has as a purpose the sponsorship or support of programs designed to improve the quality, awareness, and availability of health care services and that serves as a funding mechanism for providing those services.
(d) "Health care facility or organization" means a health care facility licensed under chapter 144 or 144A, or a charitable organization.
(e) "Health care provider" means
a physician licensed under chapter 147, physician assistant registered licensed
and practicing under chapter 147A, nurse licensed and registered to practice
under chapter 148, or dentist or, dental hygienist, or
dental therapist licensed under chapter 150A, or an advanced dental
therapist licensed and certified under chapter 150A.
(f) "Health care services" means health promotion, health monitoring, health education, diagnosis, treatment, minor surgical procedures, the administration of local anesthesia for the stitching of wounds, and primary dental services, including preventive, diagnostic, restorative, and emergency treatment. Health care services do not include the administration of general anesthesia or surgical procedures other than minor surgical procedures.
(g) "Medical professional liability insurance" means medical malpractice insurance as defined in section 62F.03.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 12. INCLUSION
OF OTHER HEALTH-RELATED OCCUPATIONS TO CRIMINAL BACKGROUND
(a) If the Department of Health is not
reviewed by the Sunset Advisory Commission according to the schedule in
Minnesota Statutes, section 3D.21, the commissioner of health, as the regulator
for occupational therapy practitioners, speech-language pathologists,
audiologists, and hearing instrument dispensers, shall require applicants for
licensure or renewal to submit to a criminal history records check as required
under Minnesota Statutes, section 214.075, for other health-related licensed
occupations regulated by the health-related licensing boards.
(b) Any statutory changes necessary to
include the commissioner of health to Minnesota Statutes, section 214.075,
shall be included in the plan required in Minnesota Statutes, section 214.075,
subdivision 8.
Sec. 13. REPEALER.
Minnesota Statutes 2012, sections
151.19, subdivision 2; 151.25; 151.45; 151.47, subdivision 2; and 151.48, are
repealed.
ARTICLE 11
HOME CARE PROVIDERS
Section 1. Minnesota Statutes 2012, section 13.381, subdivision 2, is amended to read:
Subd. 2. Health
occupations data. (a) Health-related licensees and registrants. The collection, analysis, reporting, and
use of data on individuals licensed or registered by the commissioner of health
or health-related licensing boards are governed by sections 144.051, subdivision
2 subdivisions 2 to 6, and 144.052.
(b) Health services personnel. Data collected by the commissioner of health for the database on health services personnel are classified under section 144.1485.
Sec. 2. Minnesota Statutes 2012, section 13.381, subdivision 10, is amended to read:
Subd. 10. Home care and hospice provider. Data regarding a home care provider under sections 144A.43 to 144A.47 are governed by section 144A.45. Data regarding home care provider background studies are governed by section 144A.476, subdivision 1. Data regarding a hospice provider under sections 144A.75 to 144A.755 are governed by sections 144A.752 and 144A.754.
Sec. 3. Minnesota Statutes 2012, section 144.051, is amended by adding a subdivision to read:
Subd. 3. Data
classification; private data. For
providers regulated pursuant to sections 144A.43 to 144A.482, the following
data collected, created, or maintained by the commissioner are classified as
private data on individuals as defined in section 13.02, subdivision 12:
(1) data submitted by or on behalf of
applicants for licenses prior to issuance of the license;
(2) the identity of complainants who
have made reports concerning licensees or applicants unless the complainant
consents to the disclosure;
(3) the identity of individuals who
provide information as part of surveys and investigations;
(4) Social Security numbers; and
(5) health record data.
Sec. 4. Minnesota Statutes 2012, section 144.051, is amended by adding a subdivision to read:
Subd. 4. Data
classification; public data. For
providers regulated pursuant to sections 144A.43 to 144A.482, the following
data collected, created, or maintained by the commissioner are classified as
public data as defined in section 13.02, subdivision 15:
(1) all application data on licensees,
license numbers, license status;
(2) licensing information about
licenses previously held under this chapter;
(3) correction orders, including
information about compliance with the order and whether the fine was paid;
(4) final enforcement actions pursuant
to chapter 14;
(5) orders for hearing, findings of
fact and conclusions of law; and
(6) when the licensee and department
agree to resolve the matter without a hearing, the agreement and specific
reasons for the agreement are public data.
Sec. 5. Minnesota Statutes 2012, section 144.051, is amended by adding a subdivision to read:
Subd. 5. Data
classification; confidential data. For
providers regulated pursuant to sections 144A.43 to 144A.482, the following
data collected, created, or maintained by the Department of Health are
classified as confidential data on individuals as defined in section 13.02,
subdivision 3: active investigative data
relating to the investigation of potential violations of law by a licensee
including data from the survey process before the correction order is issued by
the department.
Sec. 6. Minnesota Statutes 2012, section 144.051, is amended by adding a subdivision to read:
Subd. 6. Release
of private or confidential data. For
providers regulated pursuant to sections 144A.43 to 144A.482, the department
may release private or confidential data, except Social Security numbers, to
the appropriate state, federal, or local agency and law enforcement office to
enhance investigative or enforcement efforts or further a public health
protective process. Types of offices
include Adult Protective Services, Office of the Ombudsmen for Long-Term Care
and Office of the Ombudsmen for Mental Health and Developmental Disabilities,
the health licensing boards, Department of Human Services, county or city
attorney's offices, police, and local or county public health offices.
Sec. 7. Minnesota Statutes 2012, section 144A.43, is amended to read:
144A.43
DEFINITIONS.
Subdivision 1. Applicability. The definitions in this section apply to
sections 144.699, subdivision 2, and 144A.43 to 144A.47 144A.482.
Subd. 1a. Agent. "Agent" means the person
upon whom all notices and orders shall be served and who is authorized to
accept service of notices and orders on behalf of the home care provider.
Subd. 1b. Applicant. "Applicant" means an
individual, organization, association, corporation, unit of government, or
other entity that applies for a temporary license, license, or renewal of the
applicant's home care provider license under section 144A.472.
Subd. 1c. Client. "Client" means a person to
whom home care services are provided.
Subd. 1d. Client
record. "Client
record" means all records that document information about the home care
services provided to the client by the home care provider.
Subd. 1e. Client
representative. "Client
representative" means a person who, because of the client's needs, makes
decisions about the client's care on behalf of the client. A client representative may be a guardian,
health care agent, family member, or other agent of the client. Nothing in this section expands or diminishes
the rights of persons to act on behalf of clients under other law.
Subd. 2. Commissioner. "Commissioner" means the commissioner of health.
Subd. 2a. Controlled substance. "Controlled substance" has
the meaning given in section 152.01, subdivision 4.
Subd. 2b. Department. "Department" means the
Minnesota Department of Health.
Subd. 2c. Dietary
supplement. "Dietary
supplement" means a product taken by mouth that contains a dietary ingredient
intended to supplement the diet. Dietary
ingredients may include vitamins, minerals, herbs or other botanicals, amino
acids, and substances such as enzymes, organ tissue, glandulars, or
metabolites.
Subd. 2d. Dietitian. "Dietitian" is a person
licensed under sections 148.621 to 148.633.
Subd. 2e. Dietetics
or nutrition practice. "Dietetics
or nutrition practice" is performed by a licensed dietitian or licensed
nutritionist and includes the activities of assessment, setting priorities and objectives,
providing nutrition counseling, developing and implementing nutrition care
services, and evaluating and maintaining appropriate standards of quality of
nutrition care under sections 148.621 to 148.633.
Subd. 3. Home
care service. "Home care service"
means any of the following services when delivered in a place of residence to the home of a person whose illness,
disability, or physical condition creates a need for the service:
(1) nursing services, including the
services of a home health aide;
(2) personal care services not included
under sections 148.171 to 148.285;
(3) physical therapy;
(4) speech therapy;
(5) respiratory therapy;
(6) occupational therapy;
(7) nutritional services;
(8) home management services when
provided to a person who is unable to perform these activities due to illness,
disability, or physical condition. Home
management services include at least two of the following services: housekeeping, meal preparation, and shopping;
(9) medical social services;
(10) the provision of medical supplies
and equipment when accompanied by the provision of a home care service; and
(11) other similar medical services and
health-related support services identified by the commissioner in rule.
"Home care service" does not
include the following activities conducted by the commissioner of health or a
board of health as defined in section 145A.02, subdivision 2: communicable disease investigations or
testing; administering or monitoring a prescribed therapy necessary to control
or prevent a communicable disease; or the monitoring of an individual's
compliance with a health directive as defined in section 144.4172, subdivision
6.
(1) assistive tasks provided by
unlicensed personnel;
(2) services provided by a registered
nurse or licensed practical nurse, physical therapist, respiratory therapist,
occupational therapist, speech-language pathologist, dietitian or nutritionist,
or social worker;
(3) medication and treatment management
services; or
(4) the provision of durable medical
equipment services when provided with any of the home care services listed in
clauses (1) to (3).
Subd. 3a. Hands-on
assistance. "Hands-on
assistance" means physical help by another person without which the client
is not able to perform the activity.
Subd. 3b. Home. "Home" means the client's
temporary or permanent place of residence.
Subd. 4. Home
care provider. "Home care
provider" means an individual, organization, association, corporation,
unit of government, or other entity that is regularly engaged in the delivery of
at least one home care service, directly or by contractual arrangement,
of home care services in a client's home for a fee and who has a
valid current temporary license or license issued under sections 144A.43 to
144A.482. At least one home care
service must be provided directly, although additional home care services may
be provided by contractual arrangements.
"Home care provider" does not include:
(1) any home care or nursing services
conducted by and for the adherents of any recognized church or religious
denomination for the purpose of providing care and services for those who
depend upon spiritual means, through prayer alone, for healing;
(2) an individual who only provides
services to a relative;
(3) an individual not connected with a
home care provider who provides assistance with home management services or
personal care needs if the assistance is provided primarily as a contribution
and not as a business;
(4) an individual not connected with a
home care provider who shares housing with and provides primarily housekeeping
or homemaking services to an elderly or disabled person in return for free or
reduced-cost housing;
(5) an individual or agency providing
home-delivered meal services;
(6) an agency providing senior
companion services and other older American volunteer programs established
under the Domestic Volunteer Service Act of 1973, Public Law 98-288;
(7) an employee of a nursing home licensed under this chapter or an employee of a boarding care home licensed under sections 144.50 to 144.56 who responds to occasional emergency calls from individuals residing in a residential setting that is attached to or located on property contiguous to the nursing home or boarding care home;
(8) a member of a professional
corporation organized under chapter 319B that does not regularly offer or
provide home care services as defined in subdivision 3;
(9) the following organizations
established to provide medical or surgical services that do not regularly offer
or provide home care services as defined in subdivision 3: a business trust organized under sections
318.01 to 318.04, a nonprofit corporation organized under chapter 317A, a
partnership organized under chapter 323, or any other entity determined by the
commissioner;
(10) an individual or agency that
provides medical supplies or durable medical equipment, except when the
provision of supplies or equipment is accompanied by a home care service;
(11) an individual licensed under
chapter 147; or
(12) an individual who provides home
care services to a person with a developmental disability who lives in a place
of residence with a family, foster family, or primary caregiver.
Subd. 5. Medication
reminder. "Medication
reminder" means providing a verbal or visual reminder to a client to take
medication. This includes bringing the
medication to the client and providing liquids or nutrition to accompany
medication that a client is self-administering.
Subd. 6. License. "License" means a basic or
comprehensive home care license issued by the commissioner to a home care
provider.
Subd. 7. Licensed
health professional. "Licensed
health professional" means a person, other than a registered nurse or
licensed practical nurse, who provides home care services within the scope of
practice of the person's health occupation license, registration, or
certification as regulated and who is licensed by the appropriate Minnesota
state board or agency.
Subd. 8. Licensee. "Licensee" means a home care
provider that is licensed under this chapter.
Subd. 9. Managerial official. "Managerial official" means
an administrator, director, officer, trustee, or employee of a home care
provider, however designated, who has the authority to establish or control
business policy.
Subd. 10. Medication. "Medication" means a
prescription or over-the-counter drug. For
purposes of this chapter only, medication includes dietary supplements.
Subd. 11. Medication
administration. "Medication
administration" means performing a set of tasks to ensure a client takes
medications, and includes the following:
(1) checking the client's medication
record;
(2) preparing the medication as
necessary;
(3) administering the medication to the
client;
(4) documenting the administration or
reason for not administering the medication; and
(5) reporting to a nurse any
concerns about the medication, the client, or the client's refusal to take the
medication.
Subd. 12. Medication
management. "Medication
management" means the provision of any of the following medication-related
services to a client:
(1) performing medication setup;
(2) administering medication;
(3) storing and securing medications;
(4) documenting medication activities;
(5) verifying and monitoring
effectiveness of systems to ensure safe handling and administration;
(6) coordinating refills;
(7) handling and implementing changes
to prescriptions;
(8) communicating with the pharmacy
about the client's medications; and
(9) coordinating and communicating with
the prescriber.
Subd. 13. Medication
setup. "Medication
setup" means arranging medications by a nurse, pharmacy, or authorized
prescriber for later administration by the client or by comprehensive home care
staff.
Subd. 14. Nurse. "Nurse" means a person who
is licensed under sections 148.171 to 148.285.
Subd. 15. Occupational
therapist. "Occupational
therapist" means a person who is licensed under sections 148.6401 to
148.6450.
Subd. 16. Over-the-counter
drug. "Over-the-counter
drug" means a drug that is not required by federal law to bear the symbol
"Rx only."
Subd. 17. Owner. "Owner" means a proprietor,
general partner, limited partner who has five percent or more equity interest
in a limited partnership, a person who owns or controls voting stock in a
corporation in an amount equal to or greater than five percent of the shares
issued and outstanding, or a corporation that owns equity interest in a
licensee or applicant for a license.
Subd. 18. Pharmacist. "Pharmacist" has the meaning
given in section 151.01, subdivision 3.
Subd. 19. Physical therapist. "Physical therapist" means a
person who is licensed under sections 148.65 to 148.78.
Subd. 20. Physician. "Physician" means a person
who is licensed under chapter 147.
Subd. 21. Prescriber. "Prescriber" means a person
who is authorized by sections 148.235; 151.01, subdivision 23;
and 151.37 to prescribe prescription drugs.
Subd. 22. Prescription. "Prescription" has the
meaning given in section 151.01, subdivision 16.
Subd. 23. Regularly
scheduled. "Regularly
scheduled" means ordered or planned to be completed at predetermined times
or according to a predetermined routine.
Subd. 24. Reminder. "Reminder" means providing a
verbal or visual reminder to a client.
Subd. 25. Respiratory
therapist. "Respiratory
therapist" means a person who is licensed under chapter 147C.
Subd. 26. Revenues. "Revenues" means all money
received by a licensee derived from the provision of home care services,
including fees for services and appropriations of public money for home care
services.
Subd. 27. Service
plan. "Service
plan" means the written plan between the client or client's representative
and the temporary licensee or licensee about the services that will be provided
to the client.
Subd. 28. Social
worker. "Social
worker" means a person who is licensed under chapter 148D or 148E.
Subd. 29. Speech-language pathologist. "Speech-language
pathologist" has the meaning given in section 148.512.
Subd. 30. Standby
assistance. "Standby
assistance" means the presence of another person within arm's reach to
minimize the risk of injury while performing daily activities through physical
intervention or cuing.
Subd. 31. Substantial
compliance. "Substantial
compliance" means complying with the requirements in this chapter
sufficiently to prevent unacceptable health or safety risks to the home care
client.
Subd. 32. Survey. "Survey" means an inspection
of a licensee or applicant for licensure for compliance with this chapter.
Subd. 33. Surveyor. "Surveyor" means a staff
person of the department authorized to conduct surveys of home care providers
and applicants.
Subd. 34. Temporary
license. "Temporary
license" means the initial basic or comprehensive home care license the
department issues after approval of a complete written application and before
the department completes the temporary license survey and determines that the
temporary licensee is in substantial compliance.
Subd. 35. Treatment
or therapy. "Treatment"
or "therapy" means the provision of care, other than medications,
ordered or prescribed by a licensed health professional provided to a client to
cure, rehabilitate, or ease symptoms.
Subd. 36. Unit
of government. "Unit of
government" means every city, county, town, school district, other
political subdivisions of the state, or agency of the state or federal
government, which includes any instrumentality of a unit of government.
Subd. 37. Unlicensed
personnel. "Unlicensed
personnel" are individuals not otherwise licensed or certified by a
governmental health board or agency who provide home care services in the
client's home.
Subd. 38. Verbal. "Verbal" means oral and not
in writing.
Sec. 8. Minnesota Statutes 2012, section 144A.44, is amended to read:
144A.44
HOME CARE BILL OF RIGHTS.
Subdivision 1. Statement of rights. A person who receives home care services has these rights:
(1)
the right to receive written information about rights in advance of before
receiving care or during the initial evaluation visit before the initiation
of treatment services, including what to do if rights are violated;
(2) the right to receive care and services
according to a suitable and up-to-date plan, and subject to accepted health
care, medical or nursing standards, to take an active part in creating
and changing the plan developing, modifying, and evaluating care
the plan and services;
(3) the right to be told in advance of
before receiving care about the services that will be
provided, the disciplines that will furnish care the type and
disciplines of staff who will be providing the services, the frequency of
visits proposed to be furnished, other choices that are available for
addressing home care needs, and the consequences of these choices
including the potential consequences of refusing these services;
(4) the right to be told in advance of any
change recommended changes by the provider in the service
plan of care and to take an active part in any change decisions
about changes to the service plan;
(5) the right to refuse services or treatment;
(6) the right to know, in advance before
receiving services or during the initial visit, any limits to the services
available from a home care provider, and the provider's grounds for a
termination of services;
(7) the right to know in advance of
receiving care whether the services are covered by health insurance, medical
assistance, or other health programs, the charges for services that will not be
covered by Medicare, and the charges that the individual may have to pay;
(8) (7) the right to know
be told before services are initiated what the provider charges
are for the services, no matter who will be paying the bill;
to what extent payment may be expected from health insurance, public programs,
or other sources, if known; and what charges the client may be responsible for
paying;
(9) (8) the right to know
that there may be other services available in the community, including other
home care services and providers, and to know where to go for find
information about these services;
(10) (9) the right to choose
freely among available providers and to change providers after services have
begun, within the limits of health insurance, long-term care insurance,
medical assistance, or other health programs;
(11) (10) the right to have personal,
financial, and medical information kept private, and to be advised of the
provider's policies and procedures regarding disclosure of such information;
(12) (11) the right to be
allowed access to the client's own records and written
information from those records in accordance with sections 144.291 to
144.298;
(13) (12) the right to be
served by people who are properly trained and competent to perform their
duties;
(14) (13) the right to be treated with
courtesy and respect, and to have the patient's client's property
treated with respect;
(15) (14) the right to be
free from physical and verbal abuse, neglect, financial exploitation, and
all forms of maltreatment covered under the Vulnerable Adults Act and the
Maltreatment of Minors Act;
(16) (15) the right to
reasonable, advance notice of changes in services or charges, including;
(16) the right to know the provider's
reason for termination of services;
(17) the right to
(i) the recipient of services client
engages in conduct that significantly alters the conditions of
employment as specified in the employment contract between terms of the
service plan with the home care provider and the individual providing
home care services, or creates;
(ii) the client, person who lives with
the client, or others create an abusive or unsafe work environment for the individual
person providing home care services; or
(ii) (iii) an emergency for
the informal caregiver or a significant change in the recipient's client's
condition has resulted in service needs that exceed the current service provider
agreement plan and that cannot be safely met by the home care
provider;
(17) (18) the right to a
coordinated transfer when there will be a change in the provider of services;
(18) (19) the right to voice
grievances regarding treatment or care that is complain about services
that are provided, or fails to be, furnished, or regarding fail
to be provided, and the lack of courtesy or respect to the patient client
or the patient's client's property;
(19) (20) the right to know
how to contact an individual associated with the home care provider who
is responsible for handling problems and to have the home care provider
investigate and attempt to resolve the grievance or complaint;
(20) (21) the right to know
the name and address of the state or county agency to contact for additional
information or assistance; and
(21) (22) the right to assert
these rights personally, or have them asserted by the patient's family or
guardian when the patient has been judged incompetent, client's
representative or by anyone on behalf of the client, without retaliation.
Subd. 2. Interpretation
and enforcement of rights. These
rights are established for the benefit of persons clients who
receive home care services. "Home
care services" means home care services as defined in section 144A.43,
subdivision 3, and unlicensed personal care assistance services, including
services covered by medical assistance under section 256B.0625, subdivision 19a. All home care providers, including those
exempted under section 144A.471, must comply with this section. The commissioner shall enforce this section
and the home care bill of rights requirement against home care providers exempt
from licensure in the same manner as for licensees. A home care provider may not request or
require a person client to surrender any of these rights
as a condition of receiving services. A
guardian or conservator or, when there is no guardian or conservator, a
designated person, may seek to enforce these rights. This statement of rights does not replace or
diminish other rights and liberties that may exist relative to persons clients
receiving home care services, persons providing home care services, or
providers licensed under Laws 1987, chapter 378. A copy of these rights must be provided to an
individual at the time home care services, including personal care assistance
services, are initiated. The copy shall
also contain the address and phone number of the Office of Health Facility
Complaints and the Office of Ombudsman for Long-Term Care and a brief statement
describing how to file a complaint with these offices. Information about how to contact the Office
of Ombudsman for Long-Term Care shall be included in notices of change in
client fees and in notices where home care providers initiate transfer or
discontinuation of services sections 144A.43 to 144A.482.
Sec. 9. Minnesota Statutes 2012, section 144A.45, is amended to read:
144A.45
REGULATION OF HOME CARE SERVICES.
Subdivision 1. Rules
Regulations. The commissioner
shall adopt rules for the regulation of regulate home care
providers pursuant to sections 144A.43 to 144A.47 144A.482. The rules regulations shall
include the following:
(1) provisions to assure, to
the extent possible, the health, safety and, well-being, and
appropriate treatment of persons who receive home care services while
respecting a client's autonomy and choice;
(2) requirements that home care providers
furnish the commissioner with specified information necessary to implement
sections 144A.43 to 144A.47 144A.482;
(3) standards of training of home care
provider personnel, which may vary according to the nature of the services
provided or the health status of the consumer;
(4) standards for provision of home
care services;
(4) (5) standards for
medication management which may vary according to the nature of the services
provided, the setting in which the services are provided, or the status of the
consumer. Medication management includes
the central storage, handling, distribution, and administration of medications;
(5) (6) standards for
supervision of home care services requiring supervision by a registered nurse
or other appropriate health care professional which must occur on site at least
every 62 days, or more frequently if indicated by a clinical assessment, and in
accordance with sections 148.171 to 148.285 and rules adopted thereunder,
except that a person performing home care aide tasks for a class B licensee
providing paraprofessional services does not require nursing supervision;
(6) (7) standards for client
evaluation or assessment which may vary according to the nature of the
services provided or the status of the consumer;
(7) (8) requirements for the involvement of a
consumer's physician client's health care provider, the
documentation of physicians' health care providers' orders, if
required, and the consumer's treatment client's service plan, and;
(9) the maintenance of accurate,
current clinical client records;
(8) (10) the establishment of different
classes basic and comprehensive levels of licenses for different
types of providers and different standards and requirements for different kinds
of home care based on services provided; and
(9) operating procedures required to
implement (11) provisions to enforce these regulations and the home
care bill of rights.
Subd. 1a. Home
care aide tasks. Notwithstanding the
provisions of Minnesota Rules, part 4668.0110, subpart 1, item E, home
care aide tasks also include assisting toileting, transfers, and ambulation if
the client is ambulatory and if the client has no serious acute illness or
infectious disease.
Subd. 1b. Home
health aide qualifications. Notwithstanding
the provisions of Minnesota Rules, part 4668.0100, subpart 5, a person may
perform home health aide tasks if the person maintains current registration as
a nursing assistant on the Minnesota nursing assistant registry. Maintaining current registration on the
Minnesota nursing assistant registry satisfies the documentation requirements
of Minnesota Rules, part 4668.0110, subpart 3.
Subd. 2. Regulatory
functions. (a) The
commissioner shall:
(1) evaluate, monitor, and license,
survey, and monitor without advance notice, home care providers in
accordance with sections 144A.45 to 144A.47 144A.43 to 144A.482;
(2) inspect the office and records of a
provider during regular business hours without advance notice to the home care
provider;
(2) survey every temporary
licensee within one year of the temporary license issuance date subject to the
temporary licensee providing home care services to a client or clients;
(3) survey all licensed home care
providers on an interval that will promote the health and safety of clients;
(3) (4) with the consent of
the consumer client, visit the home where services are being
provided;
(4) (5) issue correction
orders and assess civil penalties in accordance with section 144.653,
subdivisions 5 to 8, for violations of sections 144A.43 to 144A.47 or the
rules adopted under those sections 144A.482;
(5) (6) take action as
authorized in section 144A.46, subdivision 3 144A.475; and
(6) (7) take other action reasonably required
to accomplish the purposes of sections 144A.43 to 144A.47 144A.482.
(b) In the exercise of the authority
granted in sections 144A.43 to 144A.47, the commissioner shall comply with the
applicable requirements of section 144.122, the Government Data Practices Act,
and the Administrative Procedure Act.
Subd. 4. Medicaid
reimbursement. Notwithstanding the
provisions of section 256B.37 or state plan requirements to the contrary,
certification by the federal Medicare program must not be a requirement of
Medicaid payment for services delivered under section 144A.4605.
Subd. 5. Home
care providers; services for Alzheimer's disease or related disorder. (a) If a home care provider licensed
under section 144A.46 or 144A.4605 markets or otherwise promotes services for
persons with Alzheimer's disease or related disorders, the facility's direct
care staff and their supervisors must be trained in dementia care.
(b) Areas of required training include:
(1) an explanation of Alzheimer's
disease and related disorders;
(2) assistance with activities of daily
living;
(3) problem solving with challenging
behaviors; and
(4) communication skills.
(c) The licensee shall provide to
consumers in written or electronic form a description of the training program,
the categories of employees trained, the frequency of training, and the basic
topics covered.
Sec. 10. [144A.471]
HOME CARE PROVIDER AND HOME CARE SERVICES.
Subdivision 1. License
required. A home care
provider may not open, operate, manage, conduct, maintain, or advertise itself
as a home care provider or provide home care services in Minnesota without a
temporary or current home care provider license issued by the commissioner of
health.
Subd. 2. Determination
of direct home care service. (a)
"Direct home care service" means a home care service provided to a
client by the home care provider or its employees, and not by contract. Factors that must be considered in
determining whether an individual or a business entity provides at least one
home care service directly include, but are not limited to, whether the
individual or business entity:
(1) has the right to control,
and does control, the types of services provided;
(2) has the right to control, and does
control, when and how the services are provided;
(3) establishes the charges;
(4) collects fees from the clients or
receives payment from third-party payers on the clients' behalf;
(5) pays individuals providing services
compensation on an hourly, weekly, or similar basis;
(6) treats the individuals providing
services as employees for the purposes of payroll taxes and workers'
compensation insurance; and
(7) holds itself out as a provider of
home care services or acts in a manner that leads clients or potential clients
to believe that it is a home care provider providing home care services.
(b) None of the factors listed in this
subdivision is solely determinative.
Subd. 3. Determination of regularly engaged. (a) "Regularly engaged"
means providing, or offering to provide, home care services as a regular part
of a business. The following factors
must be considered by the commissioner in determining whether an individual or
a business entity is regularly engaged in providing home care services:
(1) whether the individual or business
entity states or otherwise promotes that the individual or business entity
provides home care services;
(2) whether persons receiving home care
services constitute a substantial part of the individual's or the business
entity's clientele; and
(3) whether the home care services
provided are other than occasional or incidental to the provision of services
other than home care services.
(b) None of the factors listed in this
subdivision is solely determinative.
Subd. 4. Penalties
for operating without license. A
person involved in the management, operation, or control of a home care
provider that operates without an appropriate license is guilty of a
misdemeanor. This section does not apply
to a person who has no legal authority to affect or change decisions related to
the management, operation, or control of a home care provider.
Subd. 5. Basic
and comprehensive levels of licensure.
An applicant seeking to become a home care provider must apply
for either a basic or comprehensive home care license.
Subd. 6. Basic
home care license provider. Home
care services that can be provided with a basic home care license are assistive
tasks provided by licensed or unlicensed personnel that include:
(1) assisting with dressing,
self-feeding, oral hygiene, hair care, grooming, toileting, and bathing;
(2) providing standby assistance;
(3) providing verbal or visual
reminders to the client to take regularly scheduled medication, which includes
bringing the client previously set-up medication, medication in original
containers, or liquid or food to accompany the medication;
(4) providing verbal or visual
reminders to the client to perform regularly scheduled treatments and
exercises;
(5) preparing modified diets ordered by
a licensed health professional; and
(6) assisting with laundry,
housekeeping, meal preparation, shopping, or other household chores and
services if the provider is also providing at least one of the activities in
clauses (1) to (5)
Subd. 7. Comprehensive
home care license provider. Home
care services that may be provided with a comprehensive home care license
include any of the basic home care services listed in subdivision 6, and one or
more of the following:
(1) services of an advanced practice
nurse, registered nurse, licensed practical nurse, physical therapist,
respiratory therapist, occupational therapist, speech-language pathologist,
dietitian or nutritionist, or social worker;
(2) tasks delegated to unlicensed
personnel by a registered nurse or assigned by a licensed health professional
within the person's scope of practice;
(3) medication management services;
(4) hands-on assistance with transfers
and mobility;
(5) assisting clients with eating when
the clients have complicating eating problems as identified in the client
record or through an assessment such as difficulty swallowing, recurrent lung
aspirations, or requiring the use of a tube or parenteral or intravenous
instruments to be fed; or
(6) providing other complex or
specialty health care services.
Subd. 8. Exemptions from home care services
licensure. (a) Except as
otherwise provided in this chapter, home care services that are provided by the
state, counties, or other units of government must be licensed under this
chapter.
(b) An exemption under this subdivision
does not excuse the exempted individual or organization from complying with
applicable provisions of the home care bill of rights in section 144A.44. The following individuals or organizations
are exempt from the requirement to obtain a home care provider license:
(1) an individual or organization that
offers, provides, or arranges for personal care assistance services under the
medical assistance program as authorized under sections 256B.04, subdivision
16; 256B.0625, subdivision 19a; and 256B.0659;
(2) a provider that is licensed by the
commissioner of human services to provide semi-independent living services for
persons with developmental disabilities under section 252.275 and Minnesota
Rules, parts 9525.0900 to 9525.1020;
(3) a provider that is licensed by the
commissioner of human services to provide home and community-based services for
persons with developmental disabilities under section 256B.092 and Minnesota
Rules, parts 9525.1800 to 9525.1930;
(4) an individual or organization that provides only home management services, if the individual or organization is registered under section 144A.482; or
(5) an individual who is
licensed in this state as a nurse, dietitian, social worker, occupational
therapist, physical therapist, or speech-language pathologist who provides
health care services in the home independently and not through any contractual
or employment relationship with a home care provider or other organization.
Subd. 9. Exclusions
from home care licensure. The
following are excluded from home care licensure and are not required to provide
the home care bill of rights:
(1) an individual or business entity
providing only coordination of home care that includes one or more of the
following:
(i) determination of whether a client
needs home care services, or assisting a client in determining what services
are needed;
(ii) referral of clients to a home care
provider;
(iii) administration of payments for
home care services; or
(iv) administration of a health care
home established under section 256B.0751;
(2) an individual who is not an
employee of a licensed home care provider if the individual:
(i) only provides services as an
independent contractor to one or more licensed home care providers;
(ii) provides no services under direct
agreements or contracts with clients; and
(iii) is contractually bound to perform
services in compliance with the contracting home care provider's policies and
service plans;
(3)
a business that provides staff to home care providers, such as a temporary
employment agency, if the business:
(i) only provides staff under contract
to licensed or exempt providers;
(ii) provides no services under direct
agreements with clients; and
(iii) is contractually bound to perform
services under the contracting home care provider's direction and supervision;
(4) any home care services conducted by
and for the adherents of any recognized church or religious denomination for
its members through spiritual means, or by prayer for healing;
(5) an individual who only provides
home care services to a relative;
(6) an individual not connected with a
home care provider that provides assistance with basic home care needs if the
assistance is provided primarily as a contribution and not as a business;
(7) an individual not connected with a
home care provider that shares housing with and provides primarily housekeeping
or homemaking services to an elderly or disabled person in return for free or
reduced-cost housing;
(8) an individual or provider providing
home-delivered meal services;
(9) an individual providing senior
companion services and other older American volunteer programs (OAVP)
established under the Domestic Volunteer Service Act of 1973, United States
Code, title 42, chapter 66;
(10) an employee of a nursing home
licensed under this chapter or an employee of a boarding care home licensed
under sections 144.50 to 144.56 who responds to occasional emergency calls from
individuals residing in a residential setting that is attached to or located on
property contiguous to the nursing home or boarding care home;
(11) a member of a professional
corporation organized under chapter 319B that does not regularly offer or
provide home care services as defined in section 144A.43, subdivision 3;
(12) the following organizations
established to provide medical or surgical services that do not regularly offer
or provide home care services as defined in section 144A.43, subdivision 3: a business trust organized under sections
318.01 to 318.04, a nonprofit corporation organized under chapter 317A, a
partnership organized under chapter 323, or any other entity determined by the
commissioner;
(13) an individual or agency that
provides medical supplies or durable medical equipment, except when the
provision of supplies or equipment is accompanied by a home care service;
(14) a physician licensed under chapter
147;
(15) an individual who provides home
care services to a person with a developmental disability who lives in a place
of residence with a family, foster family, or primary caregiver;
(16) a business that only provides
services that are primarily instructional and not medical services or
health-related support services;
(17) an individual who performs basic
home care services for no more than 14 hours each calendar week to no more than
one client;
(18) an individual or business licensed
as hospice as defined in sections 144A.75 to 144A.755 who is not providing home
care services independent of hospice service;
(19) activities conducted by the
commissioner of health or a board of health as defined in section 145A.02,
subdivision 2, including communicable disease investigations or testing; or
(20) administering or monitoring a
prescribed therapy necessary to control or prevent a communicable disease, or
the monitoring of an individual's compliance with a health directive as defined
in section 144.4172, subdivision 6.
Sec. 11. [144A.472]
HOME CARE PROVIDER LICENSE; APPLICATION AND RENEWAL.
Subdivision 1. License
applications. Each
application for a home care provider license must include information sufficient
to show that the applicant meets the requirements of licensure, including:
(1) the applicant's name, e-mail address,
physical address, and mailing address, including the name of the county in
which the applicant resides and has a principal place of business;
(2) the initial license fee in the
amount specified in subdivision 7;
(3)
the e-mail address, physical address, mailing address, and telephone number of
the principal administrative office;
(4) the e-mail address, physical
address, mailing address, and telephone number of each branch office, if any;
(5) the names, e-mail and
mailing addresses, and telephone numbers of all owners and managerial
officials;
(6) documentation of compliance with
the background study requirements of section 144A.476 for all persons involved
in the management, operation, or control of the home care provider;
(7) documentation of a background study
as required by section 144.057 for any individual seeking employment, paid or
volunteer, with the home care provider;
(8) evidence of workers' compensation
coverage as required by sections 176.181 and 176.182;
(9) documentation of liability
coverage, if the provider has it;
(10) identification of the license
level the provider is seeking;
(11) documentation that identifies the
managerial official who is in charge of day-to-day operations and attestation
that the person has reviewed and understands the home care provider
regulations;
(12)
documentation that the applicant has designated one or more owners, managerial
officials, or employees as an agent or agents, which shall not affect the legal
responsibility of any other owner or managerial official under this chapter;
(13) the signature of the officer or
managing agent on behalf of an entity, corporation, association, or unit of
government;
(14) verification that the applicant
has the following policies and procedures in place so that if a license is
issued, the applicant will implement the policies and procedures and keep them
current:
(i) requirements in sections 626.556,
reporting of maltreatment of minors, and 626.557, reporting of maltreatment of
vulnerable adults;
(ii) conducting and handling background
studies on employees;
(iii) orientation, training, and
competency evaluations of home care staff, and a process for evaluating staff
performance;
(iv) handling complaints from clients,
family members, or client representatives regarding staff or services provided
by staff;
(v) conducting initial evaluation of
clients' needs and the providers' ability to provide those services;
(vi) conducting initial and ongoing
client evaluations and assessments and how changes in a client's condition are
identified, managed, and communicated to staff and other health care providers
as appropriate;
(vii) orientation to and implementation
of the home care client bill of rights;
(viii) infection control practices;
(ix) reminders for medications,
treatments, or exercises, if provided; and
(x) conducting appropriate screenings,
or documentation of prior screenings, to show that staff are free of
tuberculosis, consistent with current United States Centers for Disease Control
and Prevention standards; and
(15) other information required
by the department.
Subd. 2. Comprehensive
home care license applications. In
addition to the information and fee required in subdivision 1, applicants
applying for a comprehensive home care license must also provide verification
that the applicant has the following policies and procedures in place so that
if a license is issued, the applicant will implement the policies and
procedures in this subdivision and keep them current:
(1) conducting initial and ongoing
assessments of the client's needs by a registered nurse or appropriate licensed
health professional, including how changes in the client's conditions are
identified, managed, and communicated to staff and other health care providers,
as appropriate;
(2) ensuring that nurses and licensed
health professionals have current and valid licenses to practice;
(3) medication and treatment management;
(4) delegation of home care tasks by
registered nurses or licensed health professionals;
(5) supervision of registered nurses
and licensed health professionals; and
(6) supervision of unlicensed personnel
performing delegated home care tasks.
Subd. 3. License
renewal. (a) Except as
provided in section 144A.475, a license may be renewed for a period of one year
if the licensee satisfies the following:
(1) submits an application for renewal
in the format provided by the commissioner at least 30 days before expiration
of the license;
(2) submits the renewal fee in the
amount specified in subdivision 7;
(3) has provided home care services
within the past 12 months;
(4) complies with sections 144A.43 to
144A.4798;
(5) provides information sufficient to
show that the applicant meets the requirements of licensure, including items
required under subdivision 1;
(6) provides verification that all policies under subdivision 1 are current; and
(7) provides any other information
deemed necessary by the commissioner.
(b) A renewal applicant who holds a
comprehensive home care license must also provide verification that policies
listed under subdivision 2 are current.
Subd. 4. Multiple
units. Multiple units or
branches of a licensee must be separately licensed if the commissioner
determines that the units cannot adequately share supervision and
administration of services from the main office.
Subd. 5. Transfers
prohibited; changes in ownership. Any
home care license issued by the commissioner may not be transferred to another
party. Before acquiring ownership of a
home care provider business, a prospective applicant must apply for a new
temporary license. A change of ownership
is a transfer of operational control to a different business entity and
includes:
(1) transfer of the business to
a different or new corporation;
(2) in the case of a partnership, the dissolution or termination of the partnership under chapter 323A, with the business continuing by a successor partnership or other entity;
(3) relinquishment of control of the
provider to another party, including to a contract management firm that is not
under the control of the owner of the business' assets;
(4) transfer of the business by a sole
proprietor to another party or entity; or
(5) in the case of a privately held
corporation, the change in ownership or control of 50 percent or more of the
outstanding voting stock.
Subd. 6. Notification
of changes of information. The
temporary licensee or licensee shall notify the commissioner in writing within
ten working days after any change in the information required in subdivision 1,
except the information required in subdivision 1, clause (5), is required at
the time of license renewal.
Subd. 7. Fees;
application, change of ownership, and renewal. (a) An initial applicant seeking a
temporary home care licensure must submit the following application fee to the
commissioner along with a completed application:
(1) for a basic home care provider,
$2,100; or
(2) for a comprehensive home care
provider, $4,200.
(b) A home care provider who is filing
a change of ownership as required under subdivision 5 must submit the following
application fee to the commissioner, along with the documentation required for
the change of ownership:
(1) for a basic home care provider,
$2,100; or
(2) for a comprehensive home care
provider, $4,200.
(c) A home care provider who is seeking
to renew the provider's license shall pay a fee to the commissioner based on
revenues derived from the provision of home care services during the calendar
year prior to the year in which the application is submitted, according to the
following schedule:
License Renewal Fee
(d)
If requested, the home care provider shall provide the commissioner information
to verify the provider's annual revenues or other information as needed,
including copies of documents submitted to the Department of Revenue.
(e) At each annual renewal, a home care
provider may elect to pay the highest renewal fee for its license category, and
not provide annual revenue information to the commissioner.
(f) A temporary license or license
applicant, or temporary licensee or licensee that knowingly provides the
commissioner incorrect revenue amounts for the purpose of paying a lower
license fee shall be subject to a civil penalty in the amount of double the fee
the provider should have paid.
(g) Fees and penalties collected under
this section shall be deposited in the state treasury and credited to the
special state government revenue fund.
(h) The license renewal fee schedule in
this subdivision is effective July 1, 2016.
Sec. 12. [144A.473]
ISSUANCE OF TEMPORARY LICENSE AND LICENSE RENEWAL.
Subdivision 1. Temporary
license and renewal of license. (a)
The department shall review each application to determine the applicant's
knowledge of and compliance with Minnesota home care regulations. Before granting a temporary license or
renewing a license, the commissioner may further evaluate the applicant or
licensee by requesting additional information or documentation or by conducting
an on-site survey of the applicant to determine compliance with sections
144A.43 to 144A.482.
(b) Within 14 calendar days after
receiving an application for a license, the commissioner shall acknowledge
receipt of the application in writing. The
acknowledgment must indicate whether the application appears to be complete or
whether additional information is required before the application will be
considered complete.
(c) Within 90 days after receiving a
complete application, the commissioner shall issue a temporary license, renew
the license, or deny the license.
(d)
The commissioner shall issue a license that contains the home care provider's
name, address, license level, expiration date of the license, and unique
license number. All licenses are valid
for one year from the date of issuance.
Subd. 2. Temporary
license. (a) For new license
applicants, the commissioner shall issue a temporary license for either the
basic or comprehensive home care level. A
temporary license is effective for one year from the date of issuance. Temporary licensees must comply with sections
144A.43 to 144A.482.
(b) During the temporary license year,
the commissioner shall survey the temporary licensee after the commissioner is
notified or has evidence that the temporary licensee is providing home care
services.
(c) Within five days of beginning the
provision of services, the temporary licensee must notify the commissioner that
it is serving clients. The notification
to the commissioner may be mailed or e-mailed to the commissioner at the
address provided by the commissioner. If
the temporary licensee does not provide home care services during the temporary
license year, then the temporary license expires at the end of the year and the
applicant must reapply for a temporary home care license.
(d) A temporary licensee may
request a change in the level of licensure prior to being surveyed and granted
a license by notifying the commissioner in writing and providing additional
documentation or materials required to update or complete the changed temporary
license application. The applicant must
pay the difference between the application fees when changing from the basic
level to the comprehensive level of licensure.
No refund will be made if the provider chooses to change the license
application to the basic level.
(e) If the temporary licensee notifies
the commissioner that the licensee has clients within 45 days prior to the
temporary license expiration, the commissioner may extend the temporary license
for up to 60 days in order to allow the commissioner to complete the on-site
survey required under this section and follow-up survey visits.
Subd. 3. Temporary
licensee survey. (a) If the
temporary licensee is in substantial compliance with the survey, the
commissioner shall issue either a basic or comprehensive home care license. If the temporary licensee is not in
substantial compliance with the survey, the commissioner shall not issue a
basic or comprehensive license and there will be no contested hearing right
under chapter 14.
(b) If the temporary licensee whose
basic or comprehensive license has been denied disagrees with the conclusions
of the commissioner, then the licensee may request a reconsideration by the
commissioner or commissioner's designee.
The reconsideration request process must be conducted internally by the
commissioner or commissioner's designee, and chapter 14 does not apply.
(c)
The temporary licensee requesting reconsideration must make the request in
writing and must list and describe the reasons why the licensee disagrees with
the decision to deny the basic or comprehensive home care license.
(d) A temporary licensee whose license
is denied must comply with the requirements for notification and transfer of
clients in section 144A.475, subdivision 5.
Sec. 13. [144A.474]
SURVEYS AND INVESTIGATIONS.
Subdivision
1. Surveys. The commissioner shall conduct surveys
of each home care provider. By June 30,
2016, the commissioner shall conduct a survey of home care
providers on a frequency of at least once every three years. Survey frequency may be based on the license
level, the provider's compliance history, number of clients served, or other
factors as determined by the department deemed necessary to ensure the health,
safety, and welfare of clients and compliance with the law.
Subd. 2. Types
of home care surveys. (a)
"Initial full survey" means the survey of a new temporary licensee
conducted after the department is notified or has evidence that the temporary
licensee is providing home care services to determine if the provider is in
compliance with home care requirements. Initial
full surveys must be completed within 14 months after the department's issuance
of a temporary basic or comprehensive license.
(b) "Core survey" means periodic inspection of home care providers to determine ongoing compliance with the home care requirements, focusing on the essential health and safety requirements. Core surveys are available to licensed home care providers who have been licensed for three years and surveyed at least once in the past three years with the latest survey having no widespread violations beyond Level 1 as provided in subdivision 11. Providers must also not have had any substantiated licensing complaints, substantiated complaints against the agency under the Vulnerable Adults Act or Maltreatment of Minors Act, or an enforcement action as authorized in section 144A.475 in the past three years.
(1) The core survey for basic home care
providers must review compliance in the following areas:
(i) reporting of maltreatment;
(ii) orientation to and
implementation of Home Care Client Bill of Rights;
(iii) statement of home care services;
(iv) initial evaluation of clients and
initiation of services;
(v) client review and monitoring;
(vi) service plan implementation and
changes to the service plan;
(vii) client complaint and
investigative process;
(viii) competency of unlicensed
personnel; and
(ix) infection control.
(2) For comprehensive home care
providers, the core survey must include everything in the basic core survey
plus these areas:
(i) delegation to unlicensed personnel;
(ii) assessment, monitoring, and
reassessment of clients; and
(iii) medication, treatment, and
therapy management.
(c) "Full survey" means the periodic inspection of home care providers to determine ongoing compliance with the home care requirements that cover the core survey areas and all the legal requirements for home care providers. A full survey is conducted for all temporary licensees and for providers who do not meet the requirements needed for a core survey, and when a surveyor identifies unacceptable client health or safety risks during a core survey. A full survey must include all the tasks identified as part of the core survey and any additional review deemed necessary by the department, including additional observation, interviewing, or records review of additional clients and staff.
(d) "Follow-up surveys" means
surveys conducted to determine if a home care provider has corrected deficient
issues and systems identified during a core survey, full survey, or complaint
investigation. Follow-up surveys may be
conducted via phone, e-mail, fax, mail, or on-site reviews. Follow-up surveys, other than complaint
surveys, shall be concluded with an exit conference and written information
provided on the process for requesting a reconsideration of the survey results.
(e) Upon receiving information alleging
that a home care provider has violated or is currently violating a requirement
of sections 144A.43 to 144A.482, the commissioner shall investigate the
complaint according to sections 144A.51 to 144A.54.
Subd. 3. Survey
process. (a) The survey
process for core surveys shall include the following as applicable to the
particular licensee and setting surveyed:
(1) presurvey review of pertinent
documents and notification to the ombudsman for long-term care;
(2) an entrance conference with
available staff;
(3) communication with
managerial officials or the registered nurse in charge, if available, and
ongoing communication with key staff throughout the survey regarding
information needed by the surveyor, clarifications regarding home care
requirements, and applicable standards of practice;
(4) presentation of written contact
information to the provider about the survey staff conducting the survey, the
supervisor, and the process for requesting a reconsideration of the survey
results;
(5) a brief tour of a sample of the
housing with services establishments in which the provider is providing home
care services;
(6) a sample selection of home care
clients;
(7) information-gathering through client
and staff observations, client and staff interviews, and reviews of records,
policies, procedures, practices, and other agency information;
(8)
interviews of clients' family members, if available, with clients' consent when
the client can legally give consent;
(9) except for complaint surveys
conducted by the Office of Health Facilities Complaints, an on-site exit
conference, with preliminary findings shared and discussed with the provider,
documentation that an exit conference occurred, and written information
provided on the process for requesting a reconsideration of the survey results;
and
(10)
postsurvey analysis of findings and formulation of survey results, including
correction orders when applicable.
Subd. 4. Scheduling
surveys. Surveys and
investigations shall be conducted without advance notice to home care providers. Surveyors may contact the home care provider
on the day of a survey to arrange for someone to be available at the survey
site. The contact does not constitute
advance notice.
Subd. 5. Information
provided by home care provider. The
home care provider shall provide accurate and truthful information to the
department during a survey, investigation, or other licensing activities.
Subd. 6. Providing
client records. Upon request
of a surveyor, home care providers shall provide a list of current and past
clients or client representatives that includes addresses and telephone numbers
and any other information requested about the services to clients within a
reasonable period of time.
Subd. 7. Contacting
and visiting clients. Surveyors
may contact or visit a home care provider's clients to gather information
without notice to the home care provider.
Before visiting a client, a surveyor shall obtain the client's or
client's representative's permission by telephone, mail, or in person. Surveyors shall inform all clients or
client's representatives of their right to decline permission for a visit.
Subd. 8. Correction
orders. (a) A correction
order may be issued whenever the commissioner finds upon survey or during a
complaint investigation that a home care provider, a managerial official, or an
employee of the provider is not in compliance with sections 144A.43 to 144A.482. The correction order shall cite the specific
statute and document areas of noncompliance and the time allowed for
correction.
(b) The commissioner shall mail copies
of any correction order within 30 calendar days after an exit survey to the
last known address of the home care provider.
A copy of each correction order and copies of any documentation supplied
to the commissioner shall be kept on file by the home care provider, and public
documents shall be made available for viewing by any person upon request. Copies may be kept electronically.
(c) By the correction order date, the
home care provider must document in the provider's records any action taken to
comply with the correction order. The
commissioner may request a copy of this documentation and the home care
provider's action to respond to the correction order in future surveys, upon a
complaint investigation, and as otherwise needed.
Subd. 9. Follow-up
surveys. For providers that
have Level 3 or Level 4 violations, under subdivision 11, or any violations
determined to be widespread, the department shall conduct a follow-up survey
within 90 calendar days of the survey. When
conducting a follow-up survey, the surveyor will focus on whether the previous
violations have been corrected and may also address any new violations that are
observed while evaluating the corrections that have been made. If a new violation is identified on a
follow-up survey, no fine will be imposed unless it is not corrected on the
next follow-up survey.
Subd. 10. Performance
incentive. A licensee is
eligible for a performance incentive if there are no violations identified in a
core or full survey. The performance
incentive is a ten percent discount on the licensee's next home care renewal
license fee.
Subd. 11. Fines. (a) Fines and enforcement actions
under this subdivision may be assessed based on the level and scope of the
violations described in paragraph (c) as follows:
(1) Level 1, no fines or enforcement;
(2) Level 2, fines ranging from $0 to
$500, in addition to any of the enforcement mechanisms authorized in section
144A.475 for widespread violations;
(3) Level 3, fines ranging from $500 to
$1,000, in addition to any of the enforcement mechanisms authorized in section
144A.475; and
(4) Level 4, fines ranging from $1,000
to $5,000, in addition to any of the enforcement mechanisms authorized in
section 144A.475.
(b)
Correction orders for violations are categorized by both level and scope and
fines shall be assessed as follows:
(1) Level of violation:
(i) Level 1 is a violation that has no
potential to cause more than a minimal impact on the client and does not affect
health or safety;
(ii) Level 2 is a violation that did
not harm a client's health or safety but had the potential to have harmed a
client's health or safety, but was not likely to cause serious injury,
impairment, or death;
(iii) Level 3 is a violation that
harmed a client's health or safety, not including serious injury, impairment,
or death, or a violation that has the potential to lead to serious injury,
impairment, or death; and
(iv) Level 4 is a violation that
results in serious injury, impairment, or death.
(2) Scope of violation:
(i) isolated, when one or a limited
number of clients are affected or one or a limited number of staff are involved
or the situation has occurred only occasionally;
(ii) pattern, when more than a limited
number of clients are affected, more than a limited number of staff are
involved, or the situation has occurred repeatedly but is not found to be
pervasive; and
(iii) widespread, when problems are
pervasive or represent a systemic failure that has affected or has the
potential to affect a large portion or all of the clients.
(c) If the commissioner finds
that the applicant or a home care provider required to be licensed under
sections 144A.43 to 144A.482 has not corrected violations by the date specified
in the correction order or conditional license resulting from a survey or
complaint investigation, the commissioner may impose a fine. A notice of noncompliance with a correction
order must be mailed to the applicant's or provider's last known address. The noncompliance notice must list the
violations not corrected.
(d) The license holder must 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 by paying the fine. A timely appeal shall stay payment of the
fine until the commissioner issues a final order.
(e) A license holder shall promptly
notify the commissioner in writing when a violation specified in the order is
corrected. If upon reinspection the
commissioner determines that a violation has not been corrected as indicated by
the order, the commissioner may issue a second fine. The commissioner shall notify the license
holder by mail to the last known address in the licensing record that a second
fine has been assessed. The license
holder may appeal the second fine as provided under this subdivision.
(f) A home care provider that has been
assessed a fine under this subdivision has a right to a reconsideration or a
hearing under this section and chapter 14.
(g)
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 shall be liable for payment of the fine.
(h) In addition to any fine imposed
under this section, the commissioner may assess costs related to an
investigation that results in a final order assessing a fine or other
enforcement action authorized by this chapter.
(i) Fines collected under this
subdivision shall be deposited in the state government special revenue fund and
credited to an account separate from the revenue collected under section
144A.472. Subject to an appropriation by
the legislature, the revenue from the fines collected may be used by the
commissioner for special projects to improve home care in Minnesota as
recommended by the advisory council established in section 144A.4799.
Subd. 12. Reconsideration. (a) The commissioner shall make
available to home care providers a correction order reconsideration process. This process may be used to challenge the
correction order issued, including the level and scope described in subdivision
11, and any fine assessed. During the
correction order reconsideration request, the issuance for the correction
orders under reconsideration are not stayed, but the department shall post
information on the Web site with the correction order that the licensee has
requested a reconsideration and that the review is pending.
(b) A licensed home care provider may
request from the commissioner, in writing, a correction order reconsideration
regarding any correction order issued to the provider. The correction order reconsideration shall
not be reviewed by any surveyor, investigator, or supervisor that participated
in the writing or reviewing of the correction order being disputed. The correction order reconsiderations may be
conducted in person, by telephone, by another electronic form, or in writing,
as determined by the commissioner. The
commissioner shall respond in writing to the request from a home care provider
for a correction order reconsideration within 60 days of the date the provider
requests a reconsideration. The
commissioner's response shall identify the commissioner's decision regarding
each citation challenged by the home care provider.
(c) The findings of a correction order
reconsideration process shall be one or more of the following:
(1) supported in full, the correction
order is supported in full, with no deletion of findings to the citation;
(2) supported in substance, the
correction order is supported, but one or more findings are deleted or modified
without any change in the citation;
(3) correction order cited an incorrect
home care licensing requirement, the correction order is amended by changing
the correction order to the appropriate statutory reference;
(4) correction order was issued under
an incorrect citation, the correction order is amended to be issued under the
more appropriate correction order citation;
(5) the correction order is rescinded;
(6) fine is amended, it is determined
that the fine assigned to the correction order was applied incorrectly; or
(7) the level or scope of the citation
is modified based on the reconsideration.
(d) If the correction order findings
are changed by the commissioner, the commissioner shall update the correction
order Web site.
Subd. 13. Home
care surveyor training. (a)
Before conducting a home care survey, each home care surveyor must receive
training on the following topics:
(1) Minnesota home care licensure
requirements;
(2) Minnesota Home Care Client Bill of
Rights;
(3) Minnesota Vulnerable Adults Act and
reporting of maltreatment of minors;
(4) principles of documentation;
(5) survey protocol and processes;
(6) Offices of the Ombudsman roles;
(7) Office of Health Facility
Complaints;
(8) Minnesota landlord-tenant and
housing with services laws;
(9) types of payors for home care
services; and
(10) Minnesota Nurse Practice Act for
nurse surveyors.
(b) Materials used for the training in
paragraph (a) shall be posted on the department Web site. Requisite understanding of these topics will
be reviewed as part of the quality improvement plan in section 144A.483.
Sec. 14. [144A.475]
ENFORCEMENT.
Subdivision 1. Conditions. (a) The commissioner may refuse to
grant a temporary license, renew a license, suspend or revoke a license, or
impose a conditional license if the home care provider or owner or managerial
official of the home care provider:
(1) is in violation of, or
during the term of the license has violated, any of the requirements in
sections 144A.471 to 144A.482;
(2) permits, aids, or abets the
commission of any illegal act in the provision of home care;
(3) performs any act detrimental to the
health, safety, and welfare of a client;
(4) obtains the license by fraud or
misrepresentation;
(5) knowingly made or makes a false
statement of a material fact in the application for a license or in any other
record or report required by this chapter;
(6) denies representatives of the
department access to any part of the home care provider's books, records,
files, or employees;
(7) interferes with or impedes a
representative of the department in contacting the home care provider's
clients;
(8) interferes with or impedes a
representative of the department in the enforcement of this chapter or has
failed to fully cooperate with an inspection, survey, or investigation by the
department;
(9) destroys or makes unavailable any
records or other evidence relating to the home care provider's compliance with
this chapter;
(10) refuses to initiate a background
study under section 144.057 or 245A.04;
(11) fails to timely pay any fines
assessed by the department;
(12) violates any local, city, or
township ordinance relating to home care services;
(13) has repeated incidents of personnel
performing services beyond their competency level; or
(14) has operated beyond the scope of
the home care provider's license level.
(b) A violation by a contractor providing
the home care services of the home care provider is a violation by the home
care provider.
Subd. 2. Terms
to suspension or conditional license.
A suspension or conditional license designation may include terms
that must be completed or met before a suspension or conditional license
designation is lifted. A conditional
license designation may include restrictions or conditions that are imposed on
the provider. Terms for a suspension or
conditional license may include one or more of the following and the scope of
each will be determined by the commissioner:
(1) requiring a consultant to review,
evaluate, and make recommended changes to the home care provider's practices
and submit reports to the commissioner at the cost of the home care provider;
(2) requiring supervision of the home
care provider or staff practices at the cost of the home care provider by an
unrelated person who has sufficient knowledge and qualifications to oversee the
practices and who will submit reports to the commissioner;
(3) requiring the home care provider or
employees to obtain training at the cost of the home care provider;
(4) requiring the home care
provider to submit reports to the commissioner;
(5) prohibiting the home care provider
from taking any new clients for a period of time; or
(6) any other action reasonably required
to accomplish the purpose of this subdivision and section 144A.45, subdivision
2.
Subd. 3. Notice. Prior to any suspension, revocation,
or refusal to renew a license, the home care provider shall be entitled to
notice and a hearing as provided by sections 14.57 to 14.69. In addition to any other remedy provided by
law, the commissioner may, without a prior contested case hearing, temporarily
suspend a license or prohibit delivery of services by a provider for not more
than 90 days if the commissioner determines that the health or safety of a
consumer is in imminent danger, provided:
(1) advance notice is given to the home
care provider;
(2) after notice, the home care provider
fails to correct the problem;
(3) the commissioner has reason to
believe that other administrative remedies are not likely to be effective; and
(4) there is an opportunity for a
contested case hearing within the 90 days.
Subd. 4. Time
limits for appeals. To appeal
the assessment of civil penalties under section 144A.45, subdivision 2, clause (5),
and an action against a license under this section, a provider must request a
hearing no later than 15 days after the provider receives notice of the action.
Subd. 5. Plan
required. (a) The process of
suspending or revoking a license must include a plan for transferring affected
clients to other providers by the home care provider, which will be monitored
by the commissioner. Within three
business days of being notified of the final revocation or suspension action,
the home care provider shall provide the commissioner, the lead agencies as
defined in section 256B.0911, and the ombudsman for long-term care with the
following information:
(1) a list of all clients, including
full names and all contact information on file;
(2) a list of each client's
representative or emergency contact person, including full names and all
contact information on file;
(3) the location or current residence of
each client;
(4) the payor sources for each client,
including payor source identification numbers; and
(5) for each client, a copy of the
client's service plan, and a list of the types of services being provided.
(b) The revocation or suspension
notification requirement is satisfied by mailing the notice to the address in
the license record. The home care provider
shall cooperate with the commissioner and the lead agencies during the process
of transferring care of clients to qualified providers. Within three business days of being notified
of the final revocation or suspension action, the home care provider must
notify and disclose to each of the home care provider's clients, or the
client's representative or emergency contact persons, that the commissioner is
taking action against the home care provider's license by providing a copy of
the revocation or suspension notice issued by the commissioner.
Subd. 6. Owners
and managerial officials; refusal to grant license. (a) The owner and managerial officials
of a home care provider whose Minnesota license has not been renewed or that
has been revoked because of noncompliance with applicable laws or rules shall
not be eligible to apply for nor will be granted a home care
license,
including other licenses under this chapter, or be given status as an enrolled
personal care assistance provider agency or personal care assistant by the
Department of Human Services under section 256B.0659 for five years following
the effective date of the nonrenewal or revocation. If the owner and managerial officials already
have enrollment status, their enrollment will be terminated by the Department
of Human Services.
(b) The commissioner shall not issue a
license to a home care provider for five years following the effective date of
license nonrenewal or revocation if the owner or managerial official, including
any individual who was an owner or managerial official of another home care
provider, had a Minnesota license that was not renewed or was revoked as
described in paragraph (a).
(c) Notwithstanding subdivision 1, the
commissioner shall not renew, or shall suspend or revoke, the license of any
home care provider that includes any individual as an owner or managerial
official who was an owner or managerial official of a home care provider whose
Minnesota license was not renewed or was revoked as described in paragraph (a)
for five years following the effective date of the nonrenewal or revocation.
(d) The commissioner shall notify the
home care provider 30 days in advance of the date of nonrenewal, suspension, or
revocation of the license. Within ten
days after the receipt of the notification, the home care provider may request,
in writing, that the commissioner stay the nonrenewal, revocation, or
suspension of the license. The home care
provider shall specify the reasons for requesting the stay; the steps that will
be taken to attain or maintain compliance with the licensure laws and
regulations; any limits on the authority or responsibility of the owners or
managerial officials whose actions resulted in the notice of nonrenewal,
revocation, or suspension; and any other information to establish that the
continuing affiliation with these individuals will not jeopardize client
health, safety, or well-being. The
commissioner shall determine whether the stay will be granted within 30 days of
receiving the provider's request. The commissioner
may propose additional restrictions or limitations on the provider's license
and require that the granting of the stay be contingent upon compliance with
those provisions. The commissioner shall
take into consideration the following factors when determining whether the stay
should be granted:
(1) the threat that continued
involvement of the owners and managerial officials with the home care provider
poses to client health, safety, and well-being;
(2) the compliance history of the home
care provider; and
(3) the appropriateness of any limits
suggested by the home care provider.
If the commissioner grants the stay, the
order shall include any restrictions or limitation on the provider's license. The failure of the provider to comply with
any restrictions or limitations shall result in the immediate removal of the
stay and the commissioner shall take immediate action to suspend, revoke, or
not renew the license.
Subd. 7. Request
for hearing. A request for a
hearing must be in writing and must:
(1) be mailed or delivered to the
department or the commissioner's designee;
(2) contain a brief and plain statement
describing every matter or issue contested; and
(3) contain a brief and plain statement
of any new matter that the applicant or home care provider believes constitutes
a defense or mitigating factor.
Subd. 8. Informal
conference. At any time, the
applicant or home care provider and the commissioner may hold an informal
conference to exchange information, clarify issues, or resolve issues.
Subd. 9. Injunctive
relief. In addition to any
other remedy provided by law, the commissioner may bring an action in district
court to enjoin a person who is involved in the management, operation, or
control of a home care provider or an employee of the home care provider from
illegally engaging in activities regulated by sections 144A.43 to 144A.482. The commissioner may bring an action under
this subdivision in the district court in Ramsey County or in the district in
which a home care provider is providing services. The court may grant a temporary restraining
order in the proceeding if continued activity by the person who is involved in
the management, operation, or control of a home care provider, or by an
employee of the home care provider, would create an imminent risk of harm to a
recipient of home care services.
Subd. 10. Subpoena. In matters pending before the
commissioner under sections 144A.43 to 144A.482, the commissioner may issue
subpoenas and compel the attendance of witnesses and the production of all
necessary papers, books, records, documents, and other evidentiary material. If a person fails or refuses to comply with a
subpoena or order of the commissioner to appear or testify regarding any matter
about which the person may be lawfully questioned or to produce any papers,
books, records, documents, or evidentiary materials in the matter to be heard,
the commissioner may apply to the district court in any district, and the court
shall order the person to comply with the commissioner's order or subpoena. The commissioner of health may administer
oaths to witnesses or take their affirmation.
Depositions may be taken in or outside the state in the manner provided
by law for the taking of depositions in civil actions. A subpoena or other process or paper may be
served on a named person anywhere in the state by an officer authorized to
serve subpoenas in civil actions, with the same fees and mileage and in the
same manner as prescribed by law for a process issued out of a district court. A person subpoenaed under this subdivision
shall receive the same fees, mileage, and other costs that are paid in
proceedings in district court.
Sec. 15. [144A.476]
BACKGROUND STUDIES.
Subdivision 1. Prior
criminal convictions; owner and managerial officials. (a) Before the commissioner issues a
temporary license or renews a license, an owner or managerial official is
required to complete a background study under section 144.057. No person may be involved in the management,
operation, or control of a home care provider if the person has been
disqualified under chapter 245C. If an
individual is disqualified under section 144.057 or chapter 245C, the
individual may request reconsideration of the disqualification. If the individual requests reconsideration
and the commissioner sets aside or rescinds the disqualification, the
individual is eligible to be involved in the management, operation, or control
of the provider. If an individual has a
disqualification under section 245C.15, subdivision 1, and the disqualification
is affirmed, the individual's disqualification is barred from a set aside, and
the individual must not be involved in the management, operation, or control of
the provider.
(b) For purposes of this section, owners
of a home care provider subject to the background check requirement are those
individuals whose ownership interest provides sufficient authority or control
to affect or change decisions related to the operation of the home care
provider. An owner includes a sole
proprietor, a general partner, or any other individual whose individual
ownership interest can affect the management and direction of the policies of
the home care provider.
(c) For the purposes of this section,
managerial officials subject to the background check requirement are
individuals who provide direct contact as defined in section 245C.02,
subdivision 11, or individuals who have the responsibility for the ongoing
management or direction of the policies, services, or employees of the home
care provider. Data collected under this
subdivision shall be classified as private data on individuals under section
13.02, subdivision 12.
(d) The department shall not issue any
license if the applicant or owner or managerial official has been unsuccessful
in having a background study disqualification set aside under section 144.057
and chapter 245C; if the owner or managerial official, as an owner or
managerial official of another home care provider, was substantially
responsible for the other home care provider's failure to substantially comply
with sections 144A.43 to 144A.482; or if an owner that has ceased doing
business, either individually or as an owner of a home care provider, was
issued a correction order for failing to assist clients in violation of this
chapter.
Subd. 2. Employees,
contractors, and volunteers. (a)
Employees, contractors, and volunteers of a home care provider are subject to
the background study required by section 144.057, and may be disqualified under
chapter 245C. Nothing in this section shall
be construed to prohibit a home care provider from requiring self-disclosure of
criminal conviction information.
(b) Termination of an employee in good
faith reliance on information or records obtained under paragraph (a) or
subdivision 1, regarding a confirmed conviction does not subject the home care
provider to civil liability or liability for unemployment benefits.
Sec. 16. [144A.477]
COMPLIANCE.
Subdivision 1. Medicare-certified
providers; coordination of surveys. If
feasible, the commissioner shall survey licensees to determine compliance with
this chapter at the same time as surveys for certification for Medicare if
Medicare certification is based on compliance with the federal conditions of
participation and on survey and enforcement by the Department of Health as
agent for the United States Department of Health and Human Services.
Subd. 2. Medicare-certified
providers; equivalent requirements. For
home care providers licensed to provide comprehensive home care services that are
also certified for participation in Medicare as a home health agency under Code
of Federal Regulations, title 42, part 484, the following state licensure
regulations are considered equivalent to the federal requirements:
(1) quality management, section
144A.479, subdivision 3;
(2) personnel records, section
144A.479, subdivision 7;
(3) acceptance of clients, section
144A.4791, subdivision 4;
(4) referrals, section 144A.4791,
subdivision 5;
(5) client assessment, sections
144A.4791, subdivision 8, and 144A.4792, subdivisions 2 and 3;
(6) individualized monitoring and
reassessment, sections 144A.4791, subdivision 8, and 144A.4792, subdivisions 2
and 3;
(7) individualized service plan,
sections 144A.4791, subdivision 9, 144A.4792, subdivision 5, and 144A.4793,
subdivision 3;
(8) client complaint and investigation
process, section 144A.4791, subdivision 11;
(9) prescription orders, section
144A.4792, subdivisions 13 to 16;
(10) client records, section 144A.4794,
subdivisions 1 to 3;
(11) qualifications for unlicensed
personnel performing delegated tasks, section 144A.4795;
(12) training and competency staff,
section 144A.4795;
(13) training and competency for
unlicensed personnel, section 144A.4795, subdivision 7;
(14) delegation of home care services,
section 144A.4795, subdivision 4;
(15) availability of contact
person, section 144A.4797, subdivision 1; and
(16) supervision of staff, section
144A.4797, subdivisions 2 and 3.
Violations of requirements in clauses
(1) to (16) may lead to enforcement actions under section 144A.474.
Sec. 17. [144A.478]
INNOVATION VARIANCE.
Subdivision 1. Definition. For purposes of this section,
"innovation variance" means a specified alternative to a requirement
of this chapter. An innovation variance
may be granted to allow a home care provider to offer home care services of a
type or in a manner that is innovative, will not impair the services provided,
will not adversely affect the health, safety, or welfare of the clients, and is
likely to improve the services provided.
The innovative variance cannot change any of the client's rights under
section 144A.44, home care bill of rights.
Subd. 2. Conditions. The commissioner may impose conditions
on the granting of an innovation variance that the commissioner considers
necessary.
Subd. 3. Duration
and renewal. The commissioner
may limit the duration of any innovation variance and may renew a limited
innovation variance.
Subd. 4. Applications;
innovation variance. An
application for innovation variance from the requirements of this chapter may
be made at any time, must be made in writing to the commissioner, and must
specify the following:
(1) the statute or law from which the
innovation variance is requested;
(2) the time period for which the
innovation variance is requested;
(3) the specific alternative action
that the licensee proposes;
(4) the reasons for the request; and
(5) justification that an innovation
variance will not impair the services provided, will not adversely affect the
health, safety, or welfare of clients, and is likely to improve the services
provided.
The commissioner may require additional information from
the home care provider before acting on the request.
Subd. 5. Grants
and denials. The commissioner
shall grant or deny each request for an innovation variance in writing within
45 days of receipt of a complete request.
Notice of a denial shall contain the reasons for the denial. The terms of a requested innovation variance
may be modified upon agreement between the commissioner and the home care
provider.
Subd. 6. Violation
of innovation variances. A
failure to comply with the terms of an innovation variance shall be deemed to
be a violation of this chapter.
Subd. 7. Revocation
or denial of renewal. The
commissioner shall revoke or deny renewal of an innovation variance if:
(1) it is determined that the
innovation variance is adversely affecting the health, safety, or welfare of
the licensee's clients;
(2) the home care provider has failed
to comply with the terms of the innovation variance;
(3) the home care provider
notifies the commissioner in writing that it wishes to relinquish the
innovation variance and be subject to the statute previously varied; or
(4) the revocation or denial is required
by a change in law.
Sec. 18. [144A.479]
HOME CARE PROVIDER RESPONSIBILITIES; BUSINESS OPERATION.
Subdivision 1. Display
of license. The original
current license must be displayed in the home care providers' principal
business office and copies must be displayed in any branch office. The home care provider must provide a copy of
the license to any person who requests it.
Subd. 2. Advertising. Home care providers shall not use
false, fraudulent, or misleading advertising in the marketing of services. For purposes of this section, advertising
includes any verbal, written, or electronic means of communicating to potential
clients about the availability, nature, or terms of home care services.
Subd. 3. Quality
management. The home care
provider shall engage in quality management appropriate to the size of the home
care provider and relevant to the type of services the home care provider
provides. The quality management
activity means evaluating the quality of care by periodically reviewing client
services, complaints made, and other issues that have occurred and determining
whether changes in services, staffing, or other procedures need to be made in
order to ensure safe and competent services to clients. Documentation about quality management
activity must be available for two years.
Information about quality management must be available to the
commissioner at the time of the survey, investigation, or renewal.
Subd. 4. Provider
restrictions. (a) This
subdivision does not apply to licensees that are Minnesota counties or other
units of government.
(b) A home care provider or staff cannot
accept powers-of-attorney from clients for any purpose, and may not accept
appointments as guardians or conservators of clients.
(c) A home care provider cannot serve as a client's representative.
Subd. 5. Handling
of client's finances and property. (a)
A home care provider may assist clients with household budgeting, including
paying bills and purchasing household goods, but may not otherwise manage a
client's property. A home care provider
must provide a client with receipts for all transactions and purchases paid
with the client's funds. When receipts
are not available, the transaction or purchase must be documented. A home care provider must maintain records of
all such transactions.
(b) A home care provider or staff may
not borrow a client's funds or personal or real property, nor in any way
convert a client's property to the home care provider's or staff's possession.
(c) Nothing in this section precludes a
home care provider or staff from accepting gifts of minimal value, or precludes
the acceptance of donations or bequests made to a home care provider that are
exempt from income tax under section 501(c) of the Internal Revenue Code of
1986.
Subd. 6. Reporting
maltreatment of vulnerable adults and minors. (a) All home care providers must
comply with requirements for the reporting of maltreatment of minors in section
626.556 and the requirements for the reporting of maltreatment of vulnerable
adults in section 626.557. Each home
care provider must establish and implement a written procedure to ensure that
all cases of suspected maltreatment are reported.
(b) Each home care provider must develop
and implement an individual abuse prevention plan for each vulnerable minor or
adult for whom home care services are provided by a home care provider. The plan shall contain an individualized
review or assessment of the person's susceptibility to abuse by another
individual,
including other vulnerable
adults or minors; the person's risk of abusing other vulnerable adults or
minors; and statements of the specific measures to be taken to minimize the
risk of abuse to that person and other vulnerable adults or minors. For purposes of the abuse prevention plan,
the term abuse includes self-abuse.
Subd. 7. Employee
records. The home care
provider must maintain current records of each paid employee, regularly
scheduled volunteers providing home care services, and of each individual
contractor providing home care services.
The records must include the following information:
(1) evidence of current professional
licensure, registration, or certification, if licensure, registration, or
certification is required by this statute, or other rules;
(2) records of orientation, required
annual training and infection control training, and competency evaluations;
(3) current job description, including
qualifications, responsibilities, and identification of staff providing
supervision;
(4)
documentation of annual performance reviews which identify areas of improvement
needed and training needs;
(5) for individuals providing home care
services, verification that required health screenings under section 144A.4798
have taken place and the dates of those screenings; and
(6) documentation of the background
study as required under section 144.057.
Each employee record must be retained for at least three
years after a paid employee, home care volunteer, or contractor ceases to be
employed by or under contract with the home care provider. If a home care provider ceases operation,
employee records must be maintained for three years.
Sec. 19. [144A.4791]
HOME CARE PROVIDER RESPONSIBILITIES WITH RESPECT TO CLIENTS.
Subdivision 1. Home
care bill of rights; notification to client. (a) The home care provider shall
provide the client or the client's representative a written notice of the
rights under section 144A.44 before the initiation of services to that client. The provider shall make all reasonable
efforts to provide notice of the rights to the client or the client's
representative in a language the client or client's representative can
understand.
(b) In addition to the text of the home
care bill of rights in section 144A.44, subdivision 1, the notice shall also
contain the following statement describing how to file a complaint with these
offices.
"If you have a complaint about the
provider or the person providing your home care services, you may call, write,
or visit the Office of Health Facility Complaints, Minnesota Department of Health. You may also contact the Office of Ombudsman
for Long-Term Care or the Office of Ombudsman for Mental Health and
Developmental Disabilities."
The statement should include the
telephone number, Web site address, e-mail address, mailing address, and street
address of the Office of Health Facility Complaints at the Minnesota Department
of Health, the Office of the Ombudsman for Long-Term Care, and the Office of
the Ombudsman for Mental Health and Developmental Disabilities. The statement should also include the home
care provider's name, address, e-mail, telephone number, and name or title of
the person at the provider to whom problems or complaints may be directed. It must also include a statement that the
home care provider will not retaliate because of a complaint.
(c) The home care provider
shall obtain written acknowledgment of the client's receipt of the home care
bill of rights or shall document why an acknowledgment cannot be obtained. The acknowledgment may be obtained from the
client or the client's representative. Acknowledgment
of receipt shall be retained in the client's record.
Subd. 2. Notice
of services for dementia, Alzheimer's disease, or related disorders. The home care provider that provides
services to clients with dementia shall provide in written or electronic form,
to clients and families or other persons who request it, a description of the
training program and related training it provides, including the categories of
employees trained, the frequency of training, and the basic topics covered. This information satisfies the disclosure
requirements in section 325F.72, subdivision 2, clause (4).
Subd. 3. Statement
of home care services. Prior
to the initiation of services, a home care provider must provide to the client
or the client's representative a written statement which identifies if the
provider has a basic or comprehensive home care license, the services the
provider is authorized to provide, and which services the provider cannot
provide under the scope of the provider's license. The home care provider shall obtain written
acknowledgment from the clients that the provider has provided the statement or
must document why the provider could not obtain the acknowledgment.
Subd. 4. Acceptance
of clients. No home care provider
may accept a person as a client unless the home care provider has staff,
sufficient in qualifications, competency, and numbers, to adequately provide
the services agreed to in the service plan and that are within the provider's
scope of practice.
Subd. 5. Referrals. If a home care provider reasonably
believes that a client is in need of another medical or health service,
including a licensed health professional, or social service provider, the home
care provider shall:
(1) determine the client's preferences
with respect to obtaining the service; and
(2) inform the client of resources
available, if known, to assist the client in obtaining services.
Subd. 6. Initiation
of services. When a provider
initiates services and the individualized review or assessment required in
subdivisions 7 and 8 has not been completed, the provider must complete a
temporary plan and agreement with the client for services.
Subd. 7. Basic
individualized client review and monitoring. (a) When services being provided are
basic home care services, an individualized initial review of the client's
needs and preferences must be conducted at the client's residence with the
client or client's representative. This
initial review must be completed within 30 days after the initiation of the
home care services.
(b) Client monitoring and review must
be conducted as needed based on changes in the needs of the client and cannot
exceed 90 days from the date of the last review. The monitoring and review may be conducted at
the client's residence or through the utilization of telecommunication methods
based on practice standards that meet the individual client's needs.
Subd. 8. Comprehensive
assessment, monitoring, and reassessment.
(a) When the services being provided are comprehensive home care
services, an individualized initial assessment must be conducted in-person by a
registered nurse. When the services are
provided by other licensed health professionals, the assessment must be
conducted by the appropriate health professional. This initial assessment must be completed
within five days after initiation of home care services.
(b) Client monitoring and reassessment
must be conducted in the client's home no more than 14 days after initiation of
services.
(c) Ongoing client monitoring
and reassessment must be conducted as needed based on changes in the needs of
the client and cannot exceed 90 days from the last date of the assessment. The monitoring and reassessment may be
conducted at the client's residence or through the utilization of
telecommunication methods based on practice standards that meet the individual
client's needs.
Subd. 9. Service
plan, implementation, and revisions to service plan. (a) No later than 14 days after the
initiation of services, a home care provider shall finalize a current written
service plan.
(b) The service plan and any revisions
must include a signature or other authentication by the home care provider and
by the client or the client's representative documenting agreement on the
services to be provided. The service
plan must be revised, if needed, based on client review or reassessment under
subdivisions 7 and 8. The provider must
provide information to the client about changes to the provider's fee for
services and how to contact the Office of the Ombudsman for Long-Term Care.
(c) The home care provider must
implement and provide all services required by the current service plan.
(d) The service plan and revised
service plan must be entered into the client's record, including notice of a
change in a client's fees when applicable.
(e) Staff providing home care services
must be informed of the current written service plan.
(f) The service plan must include:
(1) a description of the home care
services to be provided, the fees for services, and the frequency of each
service, according to the client's current review or assessment and client
preferences;
(2) the identification of the staff or
categories of staff who will provide the services;
(3) the schedule and methods of
monitoring reviews or assessments of the client;
(4) the frequency of sessions of
supervision of staff and type of personnel who will supervise staff; and
(5) a contingency plan that includes:
(i) the action to be taken by the home
care provider and by the client or client's representative if the scheduled
service cannot be provided;
(ii) information and method for a
client or client's representative to contact the home care provider;
(iii) names and contact information of
persons the client wishes to have notified in an emergency or if there is a
significant adverse change in the client's condition, including identification
of and information as to who has authority to sign for the client in an
emergency; and
(iv) the circumstances in which
emergency medical services are not to be summoned consistent with chapters 145B
and 145C, and declarations made by the client under those chapters.
Subd. 10. Termination
of service plan. (a) If a
home care provider terminates a service plan with a client, and the client
continues to need home care services, the home care provider shall provide the
client and the client's representative, if any, with a written notice of
termination which includes the following information:
(1) the effective date of termination;
(2) the reason for termination;
(3) a list of known licensed home care
providers in the client's immediate geographic area;
(4) a statement that the home care
provider will participate in a coordinated transfer of care of the client to
another home care provider, health care provider, or caregiver, as required by
the home care bill of rights, section 144A.44, subdivision 1, clause (17);
(5) the name and contact information of
a person employed by the home care provider with whom the client may discuss
the notice of termination; and
(6) if applicable, a statement that the
notice of termination of home care services does not constitute notice of
termination of the housing with services contract with a housing with services
establishment.
(b) When the home care provider voluntarily
discontinues services to all clients, the home care provider must notify the
commissioner, lead agencies, and the ombudsman for long-term care about its
clients and comply with the requirements in this subdivision.
Subd. 11. Client
complaint and investigative process.
(a) The home care provider must have a written policy and system
for receiving, investigating, reporting, and attempting to resolve complaints
from its clients or clients' representatives.
The policy should clearly identify the process by which clients may file
a complaint or concern about home care services and an explicit statement that
the home care provider will not discriminate or retaliate against a client for
expressing concerns or complaints. A
home care provider must have a process in place to conduct investigations of
complaints made by the client or the client's representative about the services
in the client's plan that are or are not being provided or other items covered
in the client's home care bill of rights.
This complaint system must provide reasonable accommodations for any
special needs of the client or client's representative if requested.
(b) The home care provider must
document the complaint, name of the client, investigation, and resolution of
each complaint filed. The home care
provider must maintain a record of all activities regarding complaints
received, including the date the complaint was received, and the home care
provider's investigation and resolution of the complaint. This complaint record must be kept for each
event for at least two years after the date of entry and must be available to
the commissioner for review.
(c)
The required complaint system must provide for written notice to each client or
client's representative that includes:
(1) the client's right to complain to
the home care provider about the services received;
(2) the name or title of the person or
persons with the home care provider to contact with complaints;
(3) the method of submitting a
complaint to the home care provider; and
(4) a statement that the provider is
prohibited against retaliation according to paragraph (d).
(d) A home care provider must not take
any action that negatively affects a client in retaliation for a complaint made
or a concern expressed by the client or the client's representative.
Subd. 12. Disaster
planning and emergency preparedness plan.
The home care provider must have a written plan of action to
facilitate the management of the client's care and services in response to a
natural disaster, such as flood and storms, or other emergencies that may
disrupt the home care provider's ability to provide care or services. The licensee must provide adequate
orientation and training of staff on emergency preparedness.
Subd. 13. Request
for discontinuation of life-sustaining treatment. (a) If a client, family member, or
other caregiver of the client requests that an employee or other agent of the
home care provider discontinue a life-sustaining treatment, the employee or
agent receiving the request:
(1) shall take no action to discontinue
the treatment; and
(2) shall promptly inform the
supervisor or other agent of the home care provider of the client's request.
(b) Upon being informed of a request
for termination of treatment, the home care provider shall promptly:
(1) inform the client that the request
will be made known to the physician who ordered the client's treatment;
(2) inform the physician of the
client's request; and
(3) work with the client and the
client's physician to comply with the provisions of the Health Care Directive
Act in chapter 145C.
(c) This section does not require the
home care provider to discontinue treatment, except as may be required by law
or court order.
(d) This section does not diminish the
rights of clients to control their treatments, refuse services, or terminate
their relationships with the home care provider.
(e) This section shall be construed in
a manner consistent with chapter 145B or 145C, whichever applies, and
declarations made by clients under those chapters.
Sec. 20. [144A.4792]
MEDICATION MANAGEMENT.
Subdivision 1. Medication
management services; comprehensive home care license. (a) This subdivision applies only to
home care providers with a comprehensive home care license that provide
medication management services to clients.
Medication management services may not be provided by a home care
provider who has a basic home care license.
(b) A comprehensive home care provider
who provides medication management services must develop, implement, and
maintain current written medication management policies and procedures. The policies and procedures must be developed
under the supervision and direction of a registered nurse, licensed health
professional, or pharmacist consistent with current practice standards and
guidelines.
(c) The written policies and procedures
must address requesting and receiving prescriptions for medications; preparing
and giving medications; verifying that prescription drugs are administered as
prescribed; documenting medication management activities; controlling and
storing medications; monitoring and evaluating medication use; resolving
medication errors; communicating with the prescriber, pharmacist, and client
and client representative, if any; disposing of unused medications; and
educating clients and client representatives about medications. When controlled substances are being managed,
the policies and procedures must also identify how the provider will ensure
security and accountability for the overall management, control, and
disposition of those substances in compliance with state and federal
regulations and with subdivision 22.
Subd. 2. Provision
of medication management services. (a)
For each client who requests medication management services, the comprehensive
home care provider shall, prior to providing medication management services,
have a registered nurse, licensed health professional, or authorized prescriber
under section 151.37 conduct an assessment to determine what medication management
services will be provided and how the services will be
provided. This assessment must be conducted
face-to-face with the client. The
assessment must include an identification and review of all medications the
client is known to be taking. The review
and identification must include indications for medications, side effects,
contraindications, allergic or adverse reactions, and actions to address these
issues.
(b) The assessment must identify
interventions needed in management of medications to prevent diversion of
medication by the client or others who may have access to the medications. "Diversion of medications" means
the misuse, theft, or illegal or improper disposition of medications.
Subd. 3. Individualized
medication monitoring and reassessment.
The comprehensive home care provider must monitor and reassess
the client's medication management services as needed under subdivision 14 when
the client presents with symptoms or other issues that may be
medication-related and, at a minimum, annually.
Subd. 4. Client
refusal. The home care
provider must document in the client's record any refusal for an assessment for
medication management by the client. The
provider must discuss with the client the possible consequences of the client's
refusal and document the discussion in the client's record.
Subd. 5. Individualized medication management plan. (a) For each client receiving medication management services, the comprehensive home care provider must prepare and include in the service plan a written statement of the medication management services that will be provided to the client. The provider must develop and maintain a current individualized medication management record for each client based on the client's assessment that must contain the following:
(1) a statement describing the
medication management services that will be provided;
(2) a description of storage of
medications based on the client's needs and preferences, risk of diversion, and
consistent with the manufacturer's directions;
(3) documentation of specific client
instructions relating to the administration of medications;
(4) identification of persons
responsible for monitoring medication supplies and ensuring that medication
refills are ordered on a timely basis;
(5) identification of medication management tasks that may be delegated to unlicensed personnel;
(6) procedures for staff notifying a
registered nurse or appropriate licensed health professional when a problem
arises with medication management services; and
(7) any client-specific requirements
relating to documenting medication administration, verifications that all
medications are administered as prescribed, and monitoring of medication use to
prevent possible complications or adverse reactions.
(b) The medication management record
must be current and updated when there are any changes.
Subd. 6. Administration
of medication. Medications
may be administered by a nurse, physician, or other licensed health
practitioner authorized to administer medications or by unlicensed personnel
who have been delegated medication administration tasks by a registered nurse.
Subd. 7. Delegation
of medication administration. When
administration of medications is delegated to unlicensed personnel, the
comprehensive home care provider must ensure that the registered nurse has:
(1) instructed the unlicensed
personnel in the proper methods to administer the medications, and the
unlicensed personnel has demonstrated ability to competently follow the
procedures;
(2) specified, in writing, specific
instructions for each client and documented those instructions in the client's
records; and
(3) communicated with the unlicensed
personnel about the individual needs of the client.
Subd. 8. Documentation
of administration of medications. Each
medication administered by comprehensive home care provider staff must be
documented in the client's record. The
documentation must include the signature and title of the person who
administered the medication. The
documentation must include the medication name, dosage, date and time
administered, and method and route of administration. The staff must document the reason why
medication administration was not completed as prescribed and document any
follow-up procedures that were provided to meet the client's needs when
medication was not administered as prescribed and in compliance with the
client's medication management plan.
Subd. 9. Documentation
of medication setup. Documentation
of dates of medication setup, name of medication, quantity of dose, times to be
administered, route of administration, and name of person completing medication
setup must be done at time of setup.
Subd. 10. Medication
management for clients who will be away from home. (a) A home care provider who is
providing medication management services to the client and controls the
client's access to the medications must develop and implement policies and
procedures for giving accurate and current medications to clients for planned
or unplanned times away from home according to the client's individualized
medication management plan. The policy
and procedures must state that:
(1) for planned time away, the
medications must be obtained from the pharmacy or set up by the registered
nurse according to appropriate state and federal laws and nursing standards of
practice;
(2) for unplanned time away, when the
pharmacy is not able to provide the medications, a licensed nurse or unlicensed
personnel shall give the client or client's representative medications in
amounts and dosages needed for the length of the anticipated absence, not to
exceed 120 hours;
(3) the client, or the client's
representative, must be provided written information on medications, including
any special instructions for administering or handling the medications,
including controlled substances;
(4) the medications must be placed in a
medication container or containers appropriate to the provider's medication
system and must be labeled with the client's name and the dates and times that
the medications are scheduled; and
(5) the client or client's
representative must be provided in writing the home care provider's name and
information on how to contact the home care provider.
(b) For unplanned time away when the
licensed nurse is not available, the registered nurse may delegate this task to
unlicensed personnel if:
(1) the registered nurse has trained
the unlicensed staff and determined the unlicensed staff is competent to follow
the procedures for giving medications to clients;
(2)
the registered nurse has developed written procedures for the unlicensed
personnel, including any special instructions or procedures regarding
controlled substances that are prescribed for the client. The procedures must address:
(i) the type of container or
containers to be used for the medications appropriate to the provider's
medication system;
(ii) how the container or containers
must be labeled;
(iii) the written information about the
medications to be given to the client or client's representative;
(iv) how the unlicensed staff must
document in the client's record that medications have been given to the client
or the client's representative, including documenting the date the medications
were given to the client or the client's representative and who received the
medications, the person who gave the medications to the client, the number of
medications that were given to the client, and other required information;
(v) how the registered nurse shall be
notified that medications have been given to the client or client's representative
and whether the registered nurse needs to be contacted before the medications
are given to the client or the client's representative; and
(vi) a review by the registered nurse
of the completion of this task to verify that this task was completed accurately
by the unlicensed personnel.
Subd. 11. Prescribed
and nonprescribed medication. The
comprehensive home care provider must determine whether the comprehensive home
care provider shall require a prescription for all medications the provider manages. The comprehensive home care provider must
inform the client or the client's representative whether the comprehensive home
care provider requires a prescription for all over-the-counter and dietary
supplements before the comprehensive home care provider agrees to manage those
medications.
Subd. 12. Medications;
over-the-counter; dietary supplements not prescribed. A comprehensive home care provider
providing medication management services for over-the-counter drugs or dietary
supplements must retain those items in the original labeled container with
directions for use prior to setting up for immediate or later administration. The provider must verify that the medications
are up-to-date and stored as appropriate.
Subd. 13. Prescriptions. There must be a current written or
electronically recorded prescription as defined in Minnesota Rules, part
6800.0100, subpart 11a, for all prescribed medications that the comprehensive
home care provider is managing for the client.
Subd. 14. Renewal
of prescriptions. Prescriptions
must be renewed at least every 12 months or more frequently as indicated by the
assessment in subdivision 2. Prescriptions
for controlled substances must comply with chapter 152.
Subd. 15. Verbal prescription orders. Verbal prescription orders from an authorized prescriber must be received by a nurse or pharmacist. The order must be handled according to Minnesota Rules, part 6800.6200.
Subd. 16. Written
or electronic prescription. When
a written or electronic prescription is received, it must be communicated to
the registered nurse in charge and recorded or placed in the client's record.
Subd. 17. Records
confidential. A prescription
or order received verbally, in writing, or electronically must be kept
confidential according to sections 144.291 to 144.298 and 144A.44.
Subd. 18. Medications
provided by client or family members.
When the comprehensive home care provider is aware of any
medications or dietary supplements that are being used by the client and are
not included in the assessment for medication management services, the staff
must advise the registered nurse and document that in the client's record.
Subd. 19. Storage
of medications. A
comprehensive home care provider providing storage of medications outside of
the client's private living space must store all prescription medications in
securely locked and substantially constructed compartments according to the
manufacturer's directions and permit only authorized personnel to have access.
Subd. 20. Prescription
drugs. A prescription drug,
prior to being set up for immediate or later administration, must be kept in
the original container in which it was dispensed by the pharmacy bearing the
original prescription label with legible information including the expiration
or beyond-use date of a time-dated drug.
Subd. 21. Prohibitions. No prescription drug supply for one
client may be used or saved for use by anyone other than the client.
Subd. 22. Disposition
of medications. (a) Any
current medications being managed by the comprehensive home care provider must
be given to the client or the client's representative when the client's service
plan ends or medication management services are no longer part of the service
plan. Medications that have been stored in
the client's private living space for a client who is deceased or that have
been discontinued or that have expired may be given to the client or the
client's representative for disposal.
(b) The comprehensive home care provider
will dispose of any medications remaining with the comprehensive home care
provider that are discontinued or expired or upon the termination of the
service contract or the client's death according to state and federal
regulations for disposition of medications and controlled substances.
(c) Upon disposition, the comprehensive
home care provider must document in the client's record the disposition of the
medication including the medication's name, strength, prescription number as
applicable, quantity, to whom the medications were given, date of disposition,
and names of staff and other individuals involved in the disposition.
Subd. 23. Loss
or spillage. (a)
Comprehensive home care providers providing medication management must develop
and implement procedures for loss or spillage of all controlled substances
defined in Minnesota Rules, part 6800.4220.
These procedures must require that when a spillage of a controlled
substance occurs, a notation must be made in the client's record explaining the
spillage and the actions taken. The
notation must be signed by the person responsible for the spillage and include
verification that any contaminated substance was disposed of according to state
or federal regulations.
(b) The procedures must require the
comprehensive home care provider of medication management to investigate any
known loss or unaccounted for prescription drugs and take appropriate action
required under state or federal regulations and document the investigation in
required records.
Sec. 21. [144A.4793]
TREATMENT AND THERAPY MANAGEMENT SERVICES.
Subdivision
1. Providers
with a comprehensive home care license.
This section applies only to home care providers with a
comprehensive home care license that provide treatment or therapy management
services to clients. Treatment or
therapy management services cannot be provided by a home care provider that has
a basic home care license.
Subd. 2. Policies
and procedures. (a) A
comprehensive home care provider who provides treatment and therapy management
services must develop, implement, and maintain up-to-date written treatment or
therapy management policies and procedures.
The policies and procedures must be developed under the supervision and
direction of a registered nurse or appropriate licensed health professional
consistent with current practice standards and guidelines.
(b) The written policies and procedures
must address requesting and receiving orders or prescriptions for treatments or
therapies, providing the treatment or therapy, documenting of treatment or
therapy activities, educating and communicating with clients about treatments
or therapy they are receiving, monitoring and evaluating the treatment and
therapy, and communicating with the prescriber.
Subd. 3. Individualized treatment or therapy management plan. For each client receiving management of ordered or prescribed treatments or therapy services, the comprehensive home care provider must prepare and include in the service plan a written statement of the treatment or therapy services that will be provided to the client. The provider must also develop and maintain a current individualized treatment and therapy management record for each client which must contain at least the following:
(1) a statement of the type of services
that will be provided;
(2) documentation of specific client
instructions relating to the treatments or therapy administration;
(3) identification of treatment or therapy tasks that will be delegated to unlicensed personnel;
(4) procedures for notifying a
registered nurse or appropriate licensed health professional when a problem
arises with treatments or therapy services; and
(5) any client-specific requirements
relating to documentation of treatment and therapy received, verification that
all treatment and therapy was administered as prescribed, and monitoring of
treatment or therapy to prevent possible complications or adverse reactions. The treatment or therapy management record
must be current and updated when there are any changes.
Subd. 4. Administration
of treatments and therapy. Ordered
or prescribed treatments or therapies must be administered by a nurse,
physician, or other licensed health professional authorized to perform the
treatment or therapy, or may be delegated or assigned to unlicensed personnel
by the licensed health professional according to the appropriate practice
standards for delegation or assignment. When
administration of a treatment or therapy is delegated or assigned to unlicensed
personnel, the home care provider must ensure that the registered nurse or
authorized licensed health professional has:
(1) instructed the unlicensed personnel
in the proper methods with respect to each client and the unlicensed personnel
has demonstrated the ability to competently follow the procedures;
(2) specified, in writing, specific
instructions for each client and documented those instructions in the client's
record; and
(3) communicated with the unlicensed
personnel about the individual needs of the client.
Subd. 5. Documentation
of administration of treatments and therapies. Each treatment or therapy administered
by a comprehensive home care provider must be documented in the client's record. The documentation must include the signature
and title of the person who administered the treatment or therapy and must
include the date and time of administration.
When treatment or therapies are not administered as ordered or
prescribed, the provider must document the reason why it was not administered
and any follow-up procedures that were provided to meet the client's needs.
Subd. 6. Orders or prescriptions. There must be an up-to-date written or
electronically recorded order or prescription for all treatments and
therapies. The order must contain the
name of the client, description of the treatment or therapy to be provided, and
the frequency and other information needed to administer the treatment or
therapy.
Sec. 22. [144A.4794]
CLIENT RECORD REQUIREMENTS.
Subdivision 1. Client
record. (a) The home care
provider must maintain records for each client for whom it is providing
services. Entries in the client records
must be current, legible, permanently recorded, dated, and authenticated with
the name and title of the person making the entry.
(b) Client records, whether
written or electronic, must be protected against loss, tampering, or
unauthorized disclosure in compliance with chapter 13 and other applicable
relevant federal and state laws. The
home care provider shall establish and implement written procedures to control
use, storage, and security of client's records and establish criteria for
release of client information.
(c) The home care provider may not
disclose to any other person any personal, financial, medical, or other
information about the client, except:
(1) as may be required by law;
(2) to employees or contractors of the
home care provider, another home care provider, other health care practitioner
or provider, or inpatient facility needing information in order to provide
services to the client, but only such information that is necessary for the
provision of services;
(3) to persons authorized in writing by
the client or the client's representative to receive the information, including
third-party payers; and
(4) to representatives of the
commissioner authorized to survey or investigate home care providers under this
chapter or federal laws.
Subd. 2. Access
to records. The home care
provider must ensure that the appropriate records are readily available to
employees or contractors authorized to access the records. Client records must be maintained in a manner
that allows for timely access, printing, or transmission of the records.
Subd. 3. Contents
of client record. Contents of
a client record include the following for each client:
(1) identifying information, including
the client's name, date of birth, address, and telephone number;
(2) the name, address, and telephone
number of an emergency contact, family members, client's representative, if
any, or others as identified;
(3) names, addresses, and telephone
numbers of the client's health and medical service providers and other home
care providers, if known;
(4) health information, including
medical history, allergies, and when the provider is managing medications,
treatments or therapies that require documentation, and other relevant health
records;
(5) client's advance directives, if
any;
(6) the home care provider's current
and previous assessments and service plans;
(7) all records of communications
pertinent to the client's home care services;
(8) documentation of significant
changes in the client's status and actions taken in response to the needs of
the client including reporting to the appropriate supervisor or health care
professional;
(9) documentation of incidents
involving the client and actions taken in response to the needs of the client
including reporting to the appropriate supervisor or health care professional;
(10) documentation that services have
been provided as identified in the service plan;
(11) documentation that the
client has received and reviewed the home care bill of rights;
(12) documentation that the client has
been provided the statement of disclosure on limitations of services under
section 144A.4791, subdivision 3;
(13) documentation of complaints
received and resolution;
(14) discharge summary, including
service termination notice and related documentation, when applicable; and
(15) other documentation required under
this chapter and relevant to the client's services or status.
Subd. 4. Transfer
of client records. If a client
transfers to another home care provider or other health care practitioner or
provider, or is admitted to an inpatient facility, the home care provider, upon
request of the client or the client's representative, shall take steps to
ensure a coordinated transfer including sending a copy or summary of the
client's record to the new home care provider, facility, or the client, as
appropriate.
Subd. 5. Record retention. Following the client's discharge or
termination of services, a home care provider must retain a client's record for
at least five years, or as otherwise required by state or federal
regulations. Arrangements must be made
for secure storage and retrieval of client records if the home care provider
ceases business.
Sec. 23. [144A.4795]
HOME CARE PROVIDER RESPONSIBILITIES; STAFF.
Subdivision 1. Qualifications,
training, and competency. All
staff providing home care services must:
(1) be trained and competent in the provision of home care services
consistent with current practice standards appropriate to the client's needs;
and (2) be informed of the home care bill of rights under section 144A.44.
Subd. 2. Licensed
health professionals and nurses. (a)
Licensed health professionals and nurses providing home care services as an
employee of a licensed home care provider must possess current Minnesota
license or registration to practice.
(b) Licensed health professionals and
registered nurses must be competent in assessing client needs, planning
appropriate home care services to meet client needs, implementing services, and
supervising staff if assigned.
(c) Nothing in this section limits or
expands the rights of nurses or licensed health professionals to provide
services within the scope of their licenses or registrations, as provided by law.
Subd. 3. Unlicensed
personnel. (a) Unlicensed
personnel providing basic home care services must have:
(1) successfully completed a training
and competency evaluation appropriate to the services provided by the home care
provider and the topics listed in subdivision 7, paragraph (b); or
(2) demonstrated competency by
satisfactorily completing a written or oral test on the tasks the unlicensed
personnel will perform and in the topics listed in subdivision 7, paragraph
(b); and successfully demonstrate competency of topics in subdivision 7,
paragraph (b), clauses (5), (7), and (8), by a practical skills test.
Unlicensed personnel providing home care services for a
basic home care provider may not perform delegated nursing or therapy tasks.
(b) Unlicensed personnel performing
delegated nursing tasks for a comprehensive home care provider must:
(1) have successfully completed
training and demonstrated competency by successfully completing a written or
oral test of the topics in subdivision 7, paragraphs (b) and (c), and a
practical skills test on tasks listed in subdivision 7,
(2) satisfy the current requirements of
Medicare for training or competency of home health aides or nursing assistants,
as provided by Code of Federal Regulations, title 42, section 483 or section
484.36; or
(3) have, before April 19, 1993,
completed a training course for nursing assistants that was approved by the
commissioner.
(c) Unlicensed personnel performing
therapy or treatment tasks delegated or assigned by a licensed health
professional must meet the requirements for delegated tasks in subdivision 4
and any other training or competency requirements within the licensed health
professional scope of practice relating to delegation or assignment of tasks to
unlicensed personnel.
Subd. 4. Delegation
of home care tasks. A
registered nurse or licensed health professional may delegate tasks only to
staff that are competent and possess the knowledge and skills consistent with
the complexity of the tasks and according to the appropriate Minnesota Practice
Act. The comprehensive home care
provider must establish and implement a system to communicate up-to-date
information to the registered nurse or licensed health professional regarding
the current available staff and their competency so the registered nurse or
licensed health professional has sufficient information to determine the
appropriateness of delegating tasks to meet individual client needs and
preferences.
Subd. 5. Individual
contractors. When a home care
provider contracts with an individual contractor excluded from licensure under
section 144A.471 to provide home care services, the contractor must meet the
same requirements required by this section for personnel employed by the home
care provider.
Subd. 6. Temporary
staff. When a home care
provider contracts with a temporary staffing agency excluded from licensure
under section 144A.471, those individuals must meet the same requirements
required by this section for personnel employed by the home care provider and
shall be treated as if they are staff of the home care provider.
Subd. 7. Requirements
for instructors, training content, and competency evaluations for unlicensed
personnel. (a) Instructors
and competency evaluators must meet the following requirements:
(1) training and competency evaluations
of unlicensed personnel providing basic home care services must be conducted by
individuals with work experience and training in providing home care services
listed in section 144A.471, subdivisions 6 and 7; and
(2) training and competency evaluations
of unlicensed personnel providing comprehensive home care services must be
conducted by a registered nurse, or another instructor may provide training in
conjunction with the registered nurse. If
the home care provider is providing services by licensed health professionals
only, then that specific training and competency evaluation may be conducted by
the licensed health professionals as appropriate.
(b) Training and competency evaluations
for all unlicensed personnel must include the following:
(1) documentation requirements for all
services provided;
(2) reports of changes in the client's
condition to the supervisor designated by the home care provider;
(3) basic infection control, including
blood-borne pathogens;
(4) maintenance of a clean and
safe environment;
(5) appropriate and safe techniques in
personal hygiene and grooming, including:
(i) hair care and bathing;
(ii) care of teeth, gums, and oral
prosthetic devices;
(iii) care and use of hearing aids; and
(iv) dressing and assisting with
toileting;
(6) training on the prevention of falls
for providers working with the elderly or individuals at risk of falls;
(7) standby assistance techniques and
how to perform them;
(8) medication, exercise, and treatment
reminders;
(9) basic nutrition, meal preparation,
food safety, and assistance with eating;
(10) preparation of modified diets as
ordered by a licensed health professional;
(11) communication skills that include
preserving the dignity of the client and showing respect for the client and the
client's preferences, cultural background, and family;
(12) awareness of confidentiality and
privacy;
(13) understanding appropriate
boundaries between staff and clients and the client's family;
(14) procedures to utilize in handling
various emergency situations; and
(15) awareness of commonly used health
technology equipment and assistive devices.
(c) In addition to paragraph (b),
training and competency evaluation for unlicensed personnel providing
comprehensive home care services must include:
(1) observation, reporting, and
documenting of client status;
(2) basic knowledge of body functioning
and changes in body functioning, injuries, or other observed changes that must
be reported to appropriate personnel;
(3) reading and recording temperature,
pulse, and respirations of the client;
(4) recognizing physical, emotional, cognitive,
and developmental needs of the client;
(5) safe transfer techniques and
ambulation;
(6) range of motioning and positioning;
and
(7) administering medications or
treatments as required.
(d) When the registered nurse
or licensed health professional delegates tasks, they must ensure that prior to
the delegation the unlicensed personnel is trained in the proper methods to
perform the tasks or procedures for each client and are able to demonstrate the
ability to competently follow the procedures and perform the tasks. If an unlicensed personnel has not regularly
performed the delegated home care task for a period of 24 consecutive months,
the unlicensed personnel must demonstrate competency in the task to the
registered nurse or appropriate licensed health professional. The registered nurse or licensed health
professional must document instructions for the delegated tasks in the client's
record.
Sec. 24. [144A.4796]
ORIENTATION AND ANNUAL TRAINING REQUIREMENTS.
Subdivision 1. Orientation
of staff and supervisors to home care.
All staff providing and supervising direct home care services
must complete an orientation to home care licensing requirements and
regulations before providing home care services to clients. The orientation may be incorporated into the
training required under subdivision 6. The
orientation need only be completed once for each staff person and is not
transferable to another home care provider.
Subd. 2. Content. The orientation must contain the
following topics:
(1) an overview of sections 144A.43 to
144A.4798;
(2)
introduction and review of all the provider's policies and procedures related
to the provision of home care services;
(3) handling of emergencies and use of
emergency services;
(4)
compliance with and reporting of the maltreatment of minors or vulnerable
adults under sections 626.556 and 626.557;
(5) home care bill of rights, under
section 144A.44;
(6) handling of clients' complaints;
reporting of complaints and where to report complaints including information on
the Office of Health Facility Complaints and the Common Entry Point;
(7) consumer advocacy services of the
Office of Ombudsman for Long-Term Care, Office of Ombudsman for Mental Health
and Developmental Disabilities, Managed Care Ombudsman at the Department of
Human Services, county managed care advocates, or other relevant advocacy
services; and
(8) review of the types of home care
services the employee will be providing and the provider's scope of licensure.
Subd. 3. Verification
and documentation of orientation. Each
home care provider shall retain evidence in the employee record of each staff
person having completed the orientation required by this section.
Subd. 4. Orientation
to client. Staff providing
home care services must be oriented specifically to each individual client and
the services to be provided. This
orientation may be provided in person, orally, in writing, or electronically.
Subd. 5. Training
required relating to Alzheimer's disease and related disorders. For home care providers that provide
services for persons with Alzheimer's or related disorders, all direct care
staff and supervisors working with those clients must receive training that
includes a current explanation of Alzheimer's disease and related disorders, effective
approaches to use to problem solve when working with a client's challenging
behaviors, and how to communicate with clients who have Alzheimer's or related
disorders.
Subd. 6. Required
annual training. All staff
that perform direct home care services must complete at least eight hours of
annual training for each 12 months of employment. The training may be obtained from the home
care provider or another source and must include topics relevant to the
provision of home care services. The
annual training must include:
(1) training on reporting of
maltreatment of minors under section 626.556 and maltreatment of vulnerable
adults under section 626.557, whichever is applicable to the services provided;
(2) review of the home care bill of
rights in section 144A.44;
(3) review of infection control
techniques used in the home and implementation of infection control standards
including a review of hand washing techniques; the need for and use of
protective gloves, gowns, and masks; appropriate disposal of contaminated
materials and equipment, such as dressings, needles, syringes, and razor
blades; disinfecting reusable equipment; disinfecting environmental surfaces;
and reporting of communicable diseases; and
(4) review of the provider's policies
and procedures relating to the provision of home care services and how to
implement those policies and procedures.
Subd. 7. Documentation. A home care provider must retain
documentation in the employee records of the staff that have satisfied the
orientation and training requirements of this section.
Sec. 25. [144A.4797]
PROVISION OF SERVICES.
Subdivision 1. Availability
of contact person to staff. (a)
A home care provider with a basic home care license must have a person
available to staff for consultation on items relating to the provision of
services or about the client.
(b) A home care provider with a
comprehensive home care license must have a registered nurse available for
consultation to staff performing delegated nursing tasks and must have an appropriate
licensed health professional available if performing other delegated services
such as therapies.
(c) The appropriate contact person must
be readily available either in person, by telephone, or by other means to the
staff at times when the staff is providing services.
Subd. 2. Supervision
of staff; basic home care services. (a)
Staff who perform basic home care services must be supervised periodically
where the services are being provided to verify that the work is being
performed competently and to identify problems and solutions to address issues
relating to the staff's ability to provide the services. The supervision of the unlicensed personnel
must be done by staff of the home care provider having the authority, skills,
and ability to provide the supervision of unlicensed personnel and who can
implement changes as needed, and train staff.
(b) Supervision includes direct
observation of unlicensed personnel while the unlicensed personnel are
providing the services and may also include indirect methods of gaining input
such as gathering feedback from the client.
Supervisory review of staff must be provided at a frequency based on the
staff person's competency and performance.
(c) For an individual who is licensed as
a home care provider, this section does not apply.
Subd. 3. Supervision
of staff providing delegated nursing or therapy home care tasks. (a) Staff who perform delegated
nursing or therapy home care tasks must be supervised by an appropriate
licensed health professional or a registered nurse periodically where the
services are being provided to verify that the work is being
performed competently and to
identify problems and solutions related to the staff person's ability to
perform the tasks. Supervision of staff
performing medication or treatment administration shall be provided by a
registered nurse or appropriate licensed health professional and must include
observation of the staff administering the medication or treatment and the
interaction with the client.
(b) The direct supervision of staff
performing delegated tasks must be provided within 30 days after the individual
begins working for the home care provider and thereafter as needed based on
performance. This requirement also
applies to staff who have not performed delegated tasks for one year or longer.
Subd. 4. Documentation. A home care provider must retain
documentation of supervision activities in the personnel records.
Subd. 5. Exemption. This section does not apply to an
individual licensed under sections 144A.43 to 144A.4798.
Sec. 26. [144A.4798]
EMPLOYEE HEALTH STATUS.
Subdivision 1. Tuberculosis
(TB) prevention and control. A
home care provider must establish and maintain a TB prevention and control
program based on the most current guidelines issued by the Centers for Disease
Control and Prevention (CDC). Components
of a TB prevention and control program include screening all staff providing
home care services, both paid and unpaid, at the time of hire for active TB
disease and latent TB infection, and developing and implementing a written TB
infection control plan. The commissioner
shall make the most recent CDC standards available to home care providers on
the department's Web site.
Subd. 2. Communicable
diseases. A home care
provider must follow current federal or state guidelines for prevention,
control, and reporting of human immunodeficiency virus (HIV), hepatitis B virus
(HBV), hepatitis C virus, or other communicable diseases as defined in
Minnesota Rules, part 4605.7040.
Sec. 27. [144A.4799]
DEPARTMENT OF HEALTH LICENSED HOME CARE PROVIDER ADVISORY COUNCIL.
Subdivision 1. Membership. The commissioner of health shall
appoint eight persons to a home care provider advisory council consisting of
the following:
(1) three public members as defined in
section 214.02 who shall be either persons who are currently receiving home
care services or have family members receiving home care services, or persons
who have family members who have received home care services within five years
of the application date;
(2) three Minnesota home care licensees
representing basic and comprehensive levels of licensure who may be a
managerial official, an administrator, a supervising registered nurse, or an
unlicensed personnel performing home care tasks;
(3) one member representing the
Minnesota Board of Nursing; and
(4) one member representing the
ombudsman for long-term care.
Subd. 2. Organizations
and meetings. The advisory
council shall be organized and administered under section 15.059 with per diems
and costs paid within the limits of available appropriations. Meetings will be held quarterly and hosted by
the department. Subcommittees may be
developed as necessary by the commissioner.
Advisory council meetings are subject to the Open Meeting Law under
chapter 13D.
Subd. 3. Duties. At the commissioner's request, the
advisory council shall provide advice regarding regulations of Department of
Health licensed home care providers in this chapter such as:
(1) advice to the commissioner regarding
community standards for home care practices;
(2) advice to the commissioner on
enforcement of licensing standards and whether certain disciplinary actions are
appropriate;
(3) advice to the commissioner about
ways of distributing information to licensees and consumers of home care;
(4) advice to the commissioner about
training standards;
(5) identify emerging issues and
opportunities in the home care field, including the use of technology in home
and telehealth capabilities; and
(6) perform other duties as directed by
the commissioner.
Sec. 28. [144A.481]
HOME CARE LICENSING IMPLEMENTATION FOR NEW LICENSEES AND TRANSITION PERIOD FOR
CURRENT LICENSEES.
Subdivision 1. Temporary
home care licenses and changes of ownership. (a) Beginning January 1, 2014, all
temporary license applicants must apply for either a temporary basic or
comprehensive home care license.
(b) Temporary home care licenses issued
beginning January 1, 2014, shall be issued according to sections 144A.43 to
144A.4798, and the fees in section 144A.472.
Temporary licensees must comply with the requirements of this chapter.
(c) No temporary license applications
will be accepted nor temporary licenses issued between December 1, 2013, and
December 31, 2013.
(d) Beginning October 1, 2013, changes
in ownership applications will require payment of the new fees listed in
section 144A.472. Providers who are
providing nursing, delegated nursing, or professional health care services,
must submit the fee for comprehensive home care providers, and all other
providers must submit the fee for basic home care providers as provided in
section 144A.472. Change of ownership
applicants will be issued a new home care license based on the licensure law in
effect on June 30, 2013.
Subd. 2. Current
home care licensees with licenses prior to July 1, 2013. (a) Beginning July 1, 2014, department
licensed home care providers must apply for either the basic or comprehensive
home care license on their regularly scheduled renewal date.
(b) By June 30, 2015, all home care
providers must either have a basic or comprehensive home care license or
temporary license.
Subd. 3. Renewal
application of home care licensure during transition period. (a) Renewal and change of ownership
applications of home care licenses issued beginning July 1, 2014, will be
issued according to sections 144A.43 to 144A.4798 and, upon license renewal or
issuance of a new license for a change of ownership, providers must comply with
sections 144A.43 to 144A.4798. Prior to
renewal, providers must comply with the home care licensure law in effect on
June 30, 2013.
(b) The fees charged for
licenses renewed between July 1, 2014, and June 30, 2016, shall be the lesser
of 200 percent or $1,000, except where the 200 percent or $1,000 increase
exceeds the actual renewal fee charged, with a maximum renewal fee of $6,625.
(c) For fiscal year 2014 only, the fees
for providers with revenues greater than $25,000 and no more than $100,000 will
be $313 and for providers with revenues no more than $25,000 the fee will be
$125.
Sec. 29. [144A.482]
REGISTRATION OF HOME MANAGEMENT PROVIDERS.
(a) For purposes of this section, a
home management provider is a person or organization that provides at least two
of the following services: housekeeping,
meal preparation, and shopping to a person who is unable to perform these
activities due to illness, disability, or physical condition.
(b) A person or organization that provides only home management services may not operate in the state without a current certificate of registration issued by the commissioner of health. To obtain a certificate of registration, the person or organization must annually submit to the commissioner the name, mailing and physical addresses, e-mail address, and telephone number of the person or organization and a signed statement declaring that the person or organization is aware that the home care bill of rights applies to their clients and that the person or organization will comply with the home care bill of rights provisions contained in section 144A.44. A person or organization applying for a certificate must also provide the name, business address, and telephone number of each of the persons responsible for the management or direction of the organization.
(c) The commissioner shall charge an
annual registration fee of $20 for persons and $50 for organizations. The registration fee shall be deposited in
the state treasury and credited to the state government special revenue fund.
(d) A home care provider that provides
home management services and other home care services must be licensed, but
licensure requirements other than the home care bill of rights do not apply to
those employees or volunteers who provide only home management services to
clients who do not receive any other home care services from the provider. A licensed home care provider need not be
registered as a home management service provider but must provide an
orientation on the home care bill of rights to its employees or volunteers who
provide home management services.
(e) An individual who provides home
management services under this section must, within 120 days after beginning to
provide services, attend an orientation session approved by the commissioner
that provides training on the home care bill of rights and an orientation on
the aging process and the needs and concerns of elderly and disabled persons.
(f) The commissioner may suspend or
revoke a provider's certificate of registration or assess fines for violation
of the home care bill of rights. Any
fine assessed for a violation of the home care bill of rights by a provider
registered under this section shall be in the amount established in the
licensure rules for home care providers.
As a condition of registration, a provider must cooperate fully with any
investigation conducted by the commissioner, including providing specific
information requested by the commissioner on clients served and the employees
and volunteers who provide services. Fines
collected under this paragraph shall be deposited in the state treasury and
credited to the fund specified in the statute or rule in which the penalty was
established.
(g) The commissioner may use any of the
powers granted in sections 144A.43 to 144A.4798 to administer the registration
system and enforce the home care bill of rights under this section.
Sec. 30. [144A.483]
AGENCY QUALITY IMPROVEMENT PROGRAM.
Subdivision 1. Annual
legislative report on home care licensing.
The commissioner shall establish a quality improvement program
for the home care survey and home care complaint investigation processes. The commissioner shall submit to the
legislature an annual report, beginning October 1, 2015, and each October 1
thereafter. Each report will review the
previous state fiscal year of home care licensing and regulatory activities. The report must include, but is not limited
to, an analysis of:
(1) the number of FTE's in the Division
of Compliance Monitoring, including the Office of Health Facility Complaints
units assigned to home care licensing, survey, investigation and enforcement
process;
(2) numbers of and descriptive
information about licenses issued, complaints received and investigated,
including allegations made and correction orders issued, surveys completed and
timelines, and correction order reconsiderations and results;
(3) descriptions of emerging trends in
home care provision and areas of concern identified by the department in its
regulation of home care providers;
(4) information and data regarding
performance improvement projects underway and planned by the commissioner in
the area of home care surveys; and
(5) work of the Department of Health
Home Care Advisory Council.
Subd. 2. Study
of correction order appeal process. Starting
July 1, 2015, the commissioner shall study whether to add a correction order
appeal process conducted by an independent reviewer such as an administrative
law judge or other office and submit a report to the legislature by February 1,
2016. The commissioner shall review home
care regulatory systems in other states as part of that study. The commissioner shall consult with the home
care providers and representatives.
Sec. 31. INTEGRATED
LICENSING SYSTEM FOR HOME CARE AND HOME AND COMMUNITY-BASED SERVICES.
(a) The Department of Health Compliance
Monitoring Division and the Department of Human Services Licensing Division
shall jointly develop an integrated licensing system for providers of both home
care services subject to licensure under Minnesota Statutes, chapter 144A, and
for home and community-based services subject to licensure under Minnesota
Statutes, chapter 245D. The integrated
licensing system shall:
(1) require only one license of any
provider of services under Minnesota Statutes, sections 144A.43 to 144A.482,
and 245D.03, subdivision 1;
(2) promote quality services that
recognize a person's individual needs and protect the person's health, safety,
rights, and well-being;
(3) promote provider accountability
through application requirements, compliance inspections, investigations, and
enforcement actions;
(4) reference other applicable
requirements in existing state and federal laws, including the federal
Affordable Care Act;
(5) establish internal procedures to
facilitate ongoing communications between the agencies, and with providers and
services recipients about the regulatory activities;
(6) create a link between the
agency Web sites so that providers and the public can access the same
information regardless of which Web site is accessed initially; and
(7) collect data on identified outcome
measures as necessary for the agencies to report to the Centers for Medicare
and Medicaid Services.
(b) The joint recommendations for
legislative changes to implement the integrated licensing system are due to the
legislature by February 15, 2014.
(c) Before implementation of the
integrated licensing system, providers licensed as home care providers under
Minnesota Statutes, chapter 144A, may also provide home and community-based
services subject to licensure under Minnesota Statutes, chapter 245D, without
obtaining a home and community-based services license under Minnesota Statutes,
chapter 245D. During this time, the
conditions under clauses (1) to (3) shall apply to these providers:
(1) the provider must comply with all
requirements under Minnesota Statutes, chapter 245D, for services otherwise
subject to licensure under Minnesota Statutes, chapter 245D;
(2) a violation of requirements under
Minnesota Statutes, chapter 245D, may be enforced by the Department of Health
under the enforcement authority set forth in Minnesota Statutes, section
144A.475; and
(3) the Department of Health will
provide information to the Department of Human Services about each provider
licensed under this section, including the provider's license application,
licensing documents, inspections, information about complaints received, and
investigations conducted for possible violations of Minnesota Statutes, chapter
245D.
Sec. 32. STUDY
OF CORRECTION ORDER APPEAL PROCESS.
Beginning July 1, 2015, the commissioner
of health shall study whether to use a correction order appeal process
conducted by an independent reviewer, such as an administrative law judge or
other office. The commissioner shall
review home care regulatory systems in other states and consult with the home
care providers and representatives. By
February 1, 2016, the commissioner shall submit a report to the chairs and
ranking minority members of the committees of the legislature with jurisdiction
over health and human services and judiciary issues with any recommendations
regarding an independent appeal process.
Sec. 33. REPEALER.
(a) Minnesota Statutes 2012, sections
144A.46; and 144A.461, are repealed.
(b) Minnesota Rules, parts 4668.0002;
4668.0003; 4668.0005; 4668.0008; 4668.0012; 4668.0016; 4668.0017; 4668.0019;
4668.0030; 4668.0035; 4668.0040; 4668.0050; 4668.0060; 4668.0065; 4668.0070;
4668.0075; 4668.0080; 4668.0100; 4668.0110; 4668.0120; 4668.0130; 4668.0140;
4668.0150; 4668.0160; 4668.0170; 4668.0180; 4668.0190; 4668.0200; 4668.0218;
4668.0220; 4668.0230; 4668.0240; 4668.0800; 4668.0805; 4668.0810; 4668.0815;
4668.0820; 4668.0825; 4668.0830; 4668.0835; 4668.0840; 4668.0845; 4668.0855;
4668.0860; 4668.0865; 4668.0870; 4669.0001; 4669.0010; 4669.0020; 4669.0030;
4669.0040; and 4669.0050, are repealed.
Sec. 34. EFFECTIVE
DATE.
This article is effective the day
following final enactment.
ARTICLE 12
HEALTH DEPARTMENT
Section 1. Minnesota Statutes 2012, section 16A.724, subdivision 2, is amended to read:
Subd. 2. Transfers. (a) Notwithstanding section 295.581, to the extent available resources in the health care access fund exceed expenditures in that fund, effective for the biennium beginning July 1, 2007, the commissioner of management and budget shall transfer the excess funds from the health care access fund to the general fund on June 30 of each year, provided that the amount transferred in any fiscal biennium shall not exceed $96,000,000. The purpose of this transfer is to meet the rate increase required under Laws 2003, First Special Session chapter 14, article 13C, section 2, subdivision 6.
(b) For fiscal years 2006 to 2011, MinnesotaCare shall be a forecasted program, and, if necessary, the commissioner shall reduce these transfers from the health care access fund to the general fund to meet annual MinnesotaCare expenditures or, if necessary, transfer sufficient funds from the general fund to the health care access fund to meet annual MinnesotaCare expenditures.
(c) Notwithstanding section 295.581, to the extent available resources in the health care access fund exceed expenditures in that fund after the transfer required in paragraph (a), effective for the biennium beginning July 1, 2013, the commissioner of management and budget shall transfer $1,000,000 each fiscal year from the health access fund to the medical education and research costs fund established under section 62J.692, for distribution under section 62J.692, subdivision 4, paragraph (c).
Sec. 2. Minnesota Statutes 2012, section 43A.23, is amended by adding a subdivision to read:
Subd. 4. Coverage
for autism spectrum disorders. For
participants in the state employee group insurance program, the commissioner of
management and budget must administer the identical benefit as is required
under section 62A.3094.
EFFECTIVE
DATE. This section is
effective January 1, 2016, or the date a collective bargaining agreement or
compensation plan that includes changes to this section is approved under
Minnesota Statutes, section 3.855, whichever is earlier.
Sec. 3. [62A.3094]
COVERAGE FOR AUTISM SPECTRUM DISORDERS.
Subdivision 1. Definitions. (a) For purposes of this section, the
terms defined in paragraphs (b) to (d) have the meanings given.
(b) "Autism spectrum
disorders" means the conditions as determined by criteria set forth in the
most recent edition of the Diagnostic and Statistical Manual of Mental
Disorders of the American Psychiatric Association.
(c) "Medically necessary
care" means health care services appropriate, in terms of type, frequency,
level, setting, and duration, to the enrollee's condition, and diagnostic
testing and preventative services. Medically
necessary care must be consistent with generally accepted practice parameters
as determined by physicians and licensed psychologists who typically manage
patients who have autism spectrum disorders.
(d)
"Mental health professional" means a mental health professional as
defined in section 245.4871, subdivision 27, clause (1), (2), (3), (4),
or (6), who has training and expertise in autism spectrum disorder and child
development.
Subd. 2. Coverage
required. (a) A health plan
issued to a large employer, as defined in section 62Q.18, subdivision 1, must
provide coverage for the diagnosis, evaluation, multidisciplinary assessment,
and medically necessary care of children under 18 with autism spectrum
disorders, including but not limited to the following:
(1) early intensive behavioral and
developmental therapy based in behavioral and developmental science, including,
but not limited to, all types of applied behavior analysis, intensive early
intervention behavior therapy, and intensive behavior intervention;
(2) neurodevelopmental and behavioral
health treatments and management;
(3) speech therapy;
(4) occupational therapy;
(5) physical therapy; and
(6) medications.
(b) The diagnosis, evaluation, and
assessment must include an assessment of the child's developmental skills,
functional behavior, needs, and capacities.
(c) The coverage required under this
subdivision must include treatment that is in accordance with an individualized
treatment plan prescribed by the enrollee's treating physician or mental health
professional.
(d) A health carrier may not refuse to
renew or reissue, or otherwise terminate or restrict, coverage of an individual
solely because the individual is diagnosed with an autism spectrum disorder.
(e) A health carrier may request an
updated treatment plan only once every six months, unless the health carrier
and the treating physician or mental health professional agree that a more
frequent review is necessary due to emerging circumstances.
(g) An independent progress evaluation
conducted by a mental health professional with expertise and training in autism
spectrum disorder and child development must be completed to determine if
progress toward function and generalizable gains, as determined in the
treatment plan, is being made.
Subd. 3. No
effect on other law. Nothing
in this section limits the coverage required under section 62Q.47.
Subd. 4. State
health care programs. This
section does not affect benefits available under the medical assistance and
MinnesotaCare programs and does not limit, restrict, or otherwise reduce
coverage under these programs.
EFFECTIVE
DATE. This section is
effective for health plans offered, sold, issued, or renewed on or after
January 1, 2014.
Sec. 4. Minnesota Statutes 2012, section 62J.692, subdivision 1, is amended to read:
Subdivision 1. Definitions. For purposes of this section, the following definitions apply:
(a) "Accredited clinical training"
means the clinical training provided by a medical education program that is
accredited through an organization recognized by the Department of Education,
the Centers for Medicare and Medicaid Services, or another national body who
reviews the accrediting organizations for multiple disciplines and whose
standards for recognizing accrediting organizations are reviewed and approved
by the commissioner of health in consultation with the Medical Education and
Research Advisory Committee.
(b) "Commissioner" means the commissioner of health.
(c) "Clinical medical education
program" means the accredited clinical training of physicians (medical
students and residents), doctor of pharmacy practitioners, doctors of
chiropractic, dentists, advanced practice nurses (clinical nurse specialists,
certified registered nurse anesthetists, nurse practitioners, and certified
nurse midwives), and physician assistants, dental therapists and
advanced dental therapists, psychologists, clinical social workers, community
paramedics, and community health workers.
(d) "Sponsoring institution" means a hospital, school, or consortium located in Minnesota that sponsors and maintains primary organizational and financial responsibility for a clinical medical education program in Minnesota and which is accountable to the accrediting body.
(e) "Teaching institution" means a hospital, medical center, clinic, or other organization that conducts a clinical medical education program in Minnesota.
(f) "Trainee" means a student or resident involved in a clinical medical education program.
(g) "Eligible trainee FTE's" means the number of trainees, as measured by full-time equivalent counts, that are at training sites located in Minnesota with currently active medical assistance enrollment status and a National Provider Identification (NPI) number where training occurs in either an inpatient or ambulatory patient care setting and where the training is funded, in part, by patient care revenues. Training that occurs in nursing facility settings is not eligible for funding under this section.
Sec. 5. Minnesota Statutes 2012, section 62J.692, subdivision 3, is amended to read:
Subd. 3. Application
process. (a) A clinical medical
education program conducted in Minnesota by a teaching institution to train
physicians, doctor of pharmacy practitioners, dentists, chiropractors, or
physician assistants is, dental therapists and advanced dental therapists,
psychologists, clinical social workers, community paramedics, or community
health workers are eligible for funds under subdivision 4 if the program:
(1) is funded, in part, by patient care revenues;
(2) occurs in patient care settings that face increased financial pressure as a result of competition with nonteaching patient care entities; and
(3) emphasizes primary care or specialties that are in undersupply in Minnesota.
(b) A clinical medical education program for advanced practice nursing is eligible for funds under subdivision 4 if the program meets the eligibility requirements in paragraph (a), clauses (1) to (3), and is sponsored by the University of Minnesota Academic Health Center, the Mayo Foundation, or institutions that are part of the Minnesota State Colleges and Universities system or members of the Minnesota Private College Council.
(c) Applications must be submitted to the commissioner by a sponsoring institution on behalf of an eligible clinical medical education program and must be received by October 31 of each year for distribution in the following year. An application for funds must contain the following information:
(1) the official name and address of the sponsoring institution and the official name and site address of the clinical medical education programs on whose behalf the sponsoring institution is applying;
(2) the name, title, and business address of those persons responsible for administering the funds;
(3) for each clinical medical education program for which funds are being sought; the type and specialty orientation of trainees in the program; the name, site address, and medical assistance provider number and national provider identification number of each training site used in the program; the federal tax identification number of each training site used in the program, where available; the total number of trainees at each training site; and the total number of eligible trainee FTEs at each site; and
(4) other supporting information the commissioner deems necessary to determine program eligibility based on the criteria in paragraphs (a) and (b) and to ensure the equitable distribution of funds.
(d) An application must include the information specified in clauses (1) to (3) for each clinical medical education program on an annual basis for three consecutive years. After that time, an application must include the information specified in clauses (1) to (3) when requested, at the discretion of the commissioner:
(1) audited clinical training costs per trainee for each clinical medical education program when available or estimates of clinical training costs based on audited financial data;
(2) a description of current sources of funding for clinical medical education costs, including a description and dollar amount of all state and federal financial support, including Medicare direct and indirect payments; and
(3) other revenue received for the purposes of clinical training.
(e) An applicant that does not provide information requested by the commissioner shall not be eligible for funds for the current funding cycle.
Sec. 6. Minnesota Statutes 2012, section 62J.692, subdivision 4, is amended to read:
Subd. 4. Distribution
of funds. (a) The commissioner shall
annually distribute the available medical education funds to all qualifying
applicants based on a distribution formula that reflects a summation of two
factors:
(1) a public program volume factor,
which is determined by the total volume of public program revenue received by
each training site as a percentage of all public program revenue received by
all training sites in the fund pool; and
(2) a supplemental public program volume
factor, which is determined by providing a supplemental payment of 20 percent
of each training site's grant to training sites whose public program revenue
accounted for at least 0.98 percent of the total public program revenue
received by all eligible training sites.
Grants to training sites whose public program revenue accounted for less
than 0.98 percent of the total public program revenue received by all eligible
training sites shall be reduced by an amount equal to the total value of the
supplemental payment.
Public program revenue for the distribution
formula includes revenue from medical assistance, prepaid medical assistance,
general assistance medical care, and prepaid general assistance medical care. Training sites that receive no public program
revenue are ineligible for funds available under this subdivision. For purposes of determining training-site
level grants to be distributed under paragraph (a) this paragraph,
total statewide average costs per trainee for medical residents is based on
audited clinical training costs per trainee in primary care clinical medical
education programs for medical residents.
Total statewide average costs per trainee for dental residents is based
on audited clinical training costs per trainee in clinical medical education
programs for dental students. Total
statewide average costs per trainee for pharmacy residents is based on audited
clinical training costs per trainee in clinical medical education programs for
pharmacy students. Training sites whose
training site level grant is less than $1,000 $5,000, based on
the formula described in this paragraph, or that train fewer than 0.1 FTE
eligible trainees, are ineligible for funds available under this
subdivision. No training sites shall
receive a grant per FTE trainee that is in excess of the 95th percentile grant
per FTE across all eligible training sites; grants in excess of this amount
will be redistributed to other eligible sites based on the formula described in
this paragraph.
(b) For funds distributed in
fiscal years 2014 and 2015, the distribution formula shall include a
supplemental public program volume factor, which is determined by providing a
supplemental payment to training sites whose public program revenue accounted
for at least 0.98 percent of the total public program revenue received by all
eligible training sites. The
supplemental public program volume factor shall be equal to ten percent of each
training sites grant for funds distributed in fiscal year 2014 and for funds
distributed in fiscal year 2015. Grants
to training sites whose public program revenue accounted for less than 0.98
percent of the total public program revenue received by all eligible training
sites shall be reduced by an amount equal to the total value of the
supplemental payment. For fiscal year
2016 and beyond, the distribution of funds shall be based solely on the public
program volume factor as described in paragraph (a).
(c) Of available medical education
funds, $1,000,000 shall be distributed each year for grants to family medicine
residency programs located outside of the seven-county metropolitan area, as
defined in section 473.121, subdivision 4, focused on eduction and training of
family medicine physicians to serve communities outside the metropolitan area. To be eligible for a grant under this
paragraph, a family medicine residency program must demonstrate that over the
most recent three calendar years, at least 25 percent of its residents practice
in Minnesota communities outside of the metropolitan area. Grant funds must be allocated proportionally
based on the number of residents per eligible residency program.
(b) (d) Funds distributed shall not be used to
displace current funding appropriations from federal or state sources.
(c) (e) Funds shall be
distributed to the sponsoring institutions indicating the amount to be
distributed to each of the sponsor's clinical medical education programs based
on the criteria in this subdivision and in accordance with the commissioner's
approval letter. Each clinical medical
education program must distribute funds allocated under paragraph paragraphs
(a) and (b) to the training sites as specified in the commissioner's
approval letter. Sponsoring
institutions, which are accredited through an organization recognized by the
Department of Education or the Centers for Medicare and Medicaid Services, may
contract directly with training sites to provide clinical training. To ensure the quality of clinical training,
those accredited sponsoring institutions must:
(1)
develop contracts specifying the terms, expectations, and outcomes of the
clinical training conducted at sites; and
(2) take necessary action if the contract requirements are not met. Action may include the withholding of payments under this section or the removal of students from the site.
(d) (f) Use of funds is limited to
expenses related to clinical training program costs for eligible programs.
(g) Any funds not distributed in accordance with the commissioner's approval letter must be returned to the medical education and research fund within 30 days of receiving notice from the commissioner. The commissioner shall distribute returned funds to the appropriate training sites in accordance with the commissioner's approval letter.
(e) (h) A maximum of $150,000 of the funds
dedicated to the commissioner under section 297F.10, subdivision 1,
clause (2), may be used by the commissioner for administrative expenses
associated with implementing this section.
Sec. 7. Minnesota Statutes 2012, section 62J.692, subdivision 5, is amended to read:
Subd. 5. Report. (a) Sponsoring institutions receiving funds under this section must sign and submit a medical education grant verification report (GVR) to verify that the correct grant amount was forwarded to each eligible training site. If the sponsoring institution fails to submit the GVR by the stated deadline, or to request and meet the deadline for an extension, the sponsoring institution is required to return the full amount of funds received to the commissioner within 30 days of receiving notice from the commissioner. The commissioner shall distribute returned funds to the appropriate training sites in accordance with the commissioner's approval letter.
(b) The reports must provide verification of the distribution of the funds and must include:
(1) the total number of eligible trainee FTEs in each clinical medical education program;
(2) the name of each funded program and, for each program, the dollar amount distributed to each training site and a training site expenditure report;
(3) documentation of any discrepancies between the initial grant distribution notice included in the commissioner's approval letter and the actual distribution;
(4) a statement by the sponsoring institution stating that the completed grant verification report is valid and accurate; and
(5) other information the commissioner,
with advice from the advisory committee, deems appropriate to evaluate the
effectiveness of the use of funds for medical education.
(c) By February 15 of Each year, the
commissioner, with advice from the advisory committee, shall provide an
annual summary report to the legislature on the implementation of this section.
Sec. 8. Minnesota Statutes 2012, section 62J.692, subdivision 9, is amended to read:
Subd. 9. Review
of eligible providers. The
commissioner and the Medical Education and Research Costs Advisory Committee
may review provider groups included in the definition of a clinical medical
education program to assure that the distribution of the funds continue to be
consistent with the purpose of this section.
The results of any such reviews must be reported to the chairs and
ranking minority members of the legislative committees with jurisdiction over
health care policy and finance.
Sec. 9. Minnesota Statutes 2012, section 62J.692, is amended by adding a subdivision to read:
Subd. 11. Distribution
of funds. If federal approval
is not received for the formula described in subdivision 4, paragraphs (a) and
(b), 100 percent of available medical education and research funds shall be
distributed based on a distribution formula that reflects as summation of two
factors:
(1) a public program volume factor,
that is determined by the total volume of public program revenue received by
each training site as a percentage of all public program revenue received by
all training sites in the fund pool; and
(2) a supplemental public program
volume factor, that is determined by providing a supplemental payment of 20
percent of each training site's grant to training sites whose public program
revenue accounted for a least 0.98 percent of the total public program revenue
received by all eligible training sites.
Grants to training sites whose public program revenue accounted for less
than 0.98 percent of the total public program revenue received by all eligible
training sites shall be reduced by an amount equal to the total value of the
supplemental payment.
Sec. 10. Minnesota Statutes 2012, section 62Q.19, subdivision 1, is amended to read:
Subdivision 1. Designation. (a) The commissioner shall designate essential community providers. The criteria for essential community provider designation shall be the following:
(1) a
demonstrated ability to integrate applicable supportive and stabilizing
services with medical care for uninsured persons and high-risk and special
needs populations, underserved, and other special needs populations; and
(2) a commitment to serve low-income and underserved populations by meeting the following requirements:
(i) has nonprofit status in accordance with chapter 317A;
(ii) has tax-exempt status in accordance with the Internal Revenue Service Code, section 501(c)(3);
(iii) charges for services on a sliding fee schedule based on current poverty income guidelines; and
(iv) does not restrict access or services because of a client's financial limitation;
(3) status as a local government unit as defined in section 62D.02, subdivision 11, a hospital district created or reorganized under sections 447.31 to 447.37, an Indian tribal government, an Indian health service unit, or a community health board as defined in chapter 145A;
(4) a former state hospital that specializes in the treatment of cerebral palsy, spina bifida, epilepsy, closed head injuries, specialized orthopedic problems, and other disabling conditions;
(5) a sole community hospital. For these rural hospitals, the essential community provider designation applies to all health services provided, including both inpatient and outpatient services. For purposes of this section, "sole community hospital" means a rural hospital that:
(i) is eligible to be classified as a sole community hospital according to Code of Federal Regulations, title 42, section 412.92, or is located in a community with a population of less than 5,000 and located more than 25 miles from a like hospital currently providing acute short-term services;
(ii) has experienced net operating income losses in two of the previous three most recent consecutive hospital fiscal years for which audited financial information is available; and
(iii) consists of 40 or fewer licensed
beds; or
(6) a birth center licensed under section
144.615; or
(7) a hospital and affiliated specialty
clinics that predominantly serve patients who are under 21 years of age and
meet the following criteria:
(i) provide intensive specialty
pediatric services that are routinely provided in fewer than five hospitals in
the state; and
(ii) serve children from at least half of the counties in the state.
(b) Prior to designation, the commissioner shall publish the names of all applicants in the State Register. The public shall have 30 days from the date of publication to submit written comments to the commissioner on the application. No designation shall be made by the commissioner until the 30-day period has expired.
(c) The commissioner may designate an eligible provider as an essential community provider for all the services offered by that provider or for specific services designated by the commissioner.
(d) For the purpose of this subdivision, supportive and stabilizing services include at a minimum, transportation, child care, cultural, and linguistic services where appropriate.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 11. Minnesota Statutes 2012, section 103I.005, is amended by adding a subdivision to read:
Subd. 1a. Bored
geothermal heat exchanger. "Bored
geothermal heat exchanger" means an earth-coupled heating or cooling
device consisting of a sealed closed-loop piping system installed in a boring
in the ground to transfer heat to or from the surrounding earth with no
discharge.
Sec. 12. Minnesota Statutes 2012, section 103I.521, is amended to read:
103I.521
FEES DEPOSITED WITH COMMISSIONER OF MANAGEMENT AND BUDGET.
Unless otherwise specified, fees
collected for licenses or registration by the commissioner under
this chapter shall be deposited in the state treasury and credited to the
state government special revenue fund.
Sec. 13. Minnesota Statutes 2012, section 144.123, subdivision 1, is amended to read:
Subdivision 1. Who
must pay. Except for the limitation
contained in this section, the commissioner of health shall charge a
handling fee may enter into a contractual agreement to recover costs
incurred for analysis for diagnostic purposes for each specimen submitted
to the Department of Health for analysis for diagnostic purposes by any
hospital, private laboratory, private clinic, or physician. No fee shall be charged to any entity
which receives direct or indirect financial assistance from state or federal
funds administered by the Department of Health, including any public health department,
nonprofit community clinic, sexually transmitted disease clinic, or similar
entity. No fee will be charged The
commissioner shall not charge for any biological materials submitted to the
Department of Health as a requirement of Minnesota Rules, part 4605.7040, or
for those biological materials requested by the department to gather
information for disease prevention or control purposes. The commissioner of health may establish
other exceptions to the handling fee as may be necessary to protect the
public's health. All fees collected
pursuant to this section shall be deposited in the state treasury and credited
to the state government special revenue fund. Funds generated in a contractual agreement
made pursuant to this section shall be deposited in a special account and are
appropriated to the commissioner for purposes of providing the services
specified in the contracts. All such
contractual agreements shall be processed in accordance with the provisions of
chapter 16C.
EFFECTIVE
DATE. This section is
effective July 1, 2014.
Sec. 14. Minnesota Statutes 2012, section 144.125, subdivision 1, is amended to read:
Subdivision 1. Duty to perform testing. (a) It is the duty of (1) the administrative officer or other person in charge of each institution caring for infants 28 days or less of age, (2) the person required in pursuance of the provisions of section 144.215, to register the birth of a child, or (3) the nurse midwife or midwife in attendance at the birth, to arrange to have administered to every infant or child in its care tests for heritable and congenital disorders according to subdivision 2 and rules prescribed by the state commissioner of health.
(b) Testing and the, recording
and of test results, reporting of test results, and follow-up
of infants with heritable congenital disorders, including hearing loss detected
through the early hearing detection and intervention program in section
144.966, shall be performed at the times and in the manner prescribed by
the commissioner of health. The
commissioner shall charge a fee so that the total of fees collected will
approximate the costs of conducting the tests and implementing and maintaining
a system to follow-up infants with heritable or congenital disorders, including
hearing loss detected through the early hearing detection and intervention
program under section 144.966.
(c) The fee is $101 per specimen. Effective July 1, 2010, the fee shall be
increased to $106 to support the newborn screening program, including
tests administered under this section and section 144.966, shall be $135
per specimen. The increased fee
amount shall be deposited in the general fund.
Costs associated with capital expenditures and the development of new
procedures may be prorated over a three-year period when calculating the amount
of the fees. This fee amount
shall be deposited in the state treasury and credited to the state government
special revenue fund.
(d) The fee to offset the cost
of the support services provided under section 144.966, subdivision 3a, shall
be $15 per specimen. This fee shall be
deposited in the state treasury and credited to the general fund.
Sec. 15. [144.1251]
NEWBORN SCREENING FOR CRITICAL CONGENITAL HEART DISEASE (CCHD).
Subdivision 1. Required
testing and reporting. (a)
Each licensed hospital or state-licensed birthing center or facility that
provides maternity and newborn care services shall provide screening for
congenital heart disease to all newborns prior to discharge using pulse
oximetry screening. The screening must
occur after the infant is 24 hours old, before discharge from the nursery. If discharge occurs before the infant is 24
hours old, the screening must occur as close as possible to the time of
discharge.
(b) For premature infants (less than 36
weeks of gestation) and infants admitted to a higher-level nursery (special
care or intensive care), pulse oximetry must be performed when medically
appropriate prior to discharge.
(c) Results of the screening must be
reported to the Department of Health.
Subd. 2. Implementation. The Department of Health shall:
(1) communicate the screening protocol
requirements;
(2) make information and forms
available to the hospitals, birthing centers, and other facilities that are
required to provide the screening, health care providers who provide prenatal
care and care to newborns, and expectant parents and parents of newborns. The information and forms must include
screening protocol and reporting requirements and parental options;
(3) provide training to ensure
compliance with and appropriate implementation of the screening;
(4) establish the mechanism for the
required data collection and reporting of screening and follow-up diagnostic
results to the Department of Health according to the Department of Health's
recommendations;
(5) coordinate the implementation of
universal standardized screening;
(6) act as a resource for providers as
the screening program is implemented, and in consultation with the Advisory
Committee on Heritable and Congenital Disorders, develop and implement policies
for early medical and developmental intervention services and long-term
follow-up services for children and their families identified with a CCHD; and
(7) comply with sections 144.125 to
144.128.
Sec. 16. Minnesota Statutes 2012, section 144.212, is amended to read:
144.212
DEFINITIONS.
Subdivision 1. Scope. As used in sections 144.211 to 144.227, the following terms have the meanings given.
Subd. 1a. Amendment. "Amendment" means completion or
correction of made to certification items on a vital record. after a certification has been issued or
more than one year after the event, whichever occurs first, that does not
result in a sealed or replaced record.
Subd. 1b. Authorized
representative. "Authorized
representative" means an agent designated in a written and witnessed
statement signed by the subject of the record or other qualified applicant.
Subd. 1c. Certification
item. "Certification
item" means all individual items appearing on a certificate of birth and
the demographic and legal items on a certificate of death.
Subd. 2. Commissioner. "Commissioner" means the commissioner of health.
Subd. 2a. Correction. "Correction" means a change
made to a noncertification item, including information collected for medical
and statistical purposes. A correction
also means a change to a certification item within one year of the event
provided that no certification, whether paper or electronic, has been issued.
Subd. 2b. Court
of competent jurisdiction. "Court
of competent jurisdiction" means a court within the United States with
jurisdiction over the individual and such other individuals that the court
deems necessary.
Subd. 2a 2c. Delayed
registration. "Delayed
registration" means registration of a record of birth or death filed one
or more years after the date of birth or death.
Subd. 2d. Disclosure. "Disclosure" means to make
available or make known personally identifiable information contained in a
vital record, by any means of communication.
Subd. 3. File. "File" means to present a vital
record or report for registration to the Office of the State Registrar Vital
Records and to have the vital record or report accepted for registration by
the Office of the State Registrar Vital Records.
Subd. 4. Final disposition. "Final disposition" means the burial, interment, cremation, removal from the state, or other authorized disposition of a dead body or dead fetus.
Subd. 4a. Institution. "Institution" means a public or private establishment that:
(1) provides inpatient or outpatient medical, surgical, or diagnostic care or treatment; or
(2) provides nursing, custodial, or domiciliary care, or to which persons are committed by law.
Subd. 4b. Legal
representative. "Legal
representative" means a licensed attorney representing an individual.
Subd. 4c. Local
issuance office. "Local
issuance office" means a county governmental office authorized by the
state registrar to issue certified birth and death records.
Subd. 4d. Record. "Record" means a report of a
vital event that has been registered by the state registrar.
Subd. 5. Registration. "Registration" means the
process by which vital records are completed, filed, and incorporated into the
official records of the Office of the State Vital Records Registrar.
Subd. 6. State registrar. "State registrar" means the commissioner of health or a designee.
Subd. 7. System of vital statistics. "System of vital statistics" includes the registration, collection, preservation, amendment, verification, maintenance of the security and integrity of, and certification of vital records, the collection of other reports required by sections 144.211 to 144.227, and related activities including the tabulation, analysis, publication, and dissemination of vital statistics.
Subd. 7a. Verification. "Verification" means a
confirmation of the information on a vital record based on the facts contained
in a certification.
Subd. 8. Vital record. "Vital record" means a record or report of birth, stillbirth, death, marriage, dissolution and annulment, and data related thereto. The birth record is not a medical record of the mother or the child.
Subd. 9. Vital statistics. "Vital statistics" means the data derived from records and reports of birth, death, fetal death, induced abortion, marriage, dissolution and annulment, and related reports.
Subd. 10. Local
registrar. "Local
registrar" means an individual designated under section 144.214,
subdivision 1, to perform the duties of a local registrar.
Subd. 11. Consent to disclosure. "Consent to disclosure" means an affidavit filed with the state registrar which sets forth the following information:
(1) the current name and address of the affiant;
(2) any previous name by which the affiant was known;
(3) the original and adopted names, if known, of the adopted child whose original birth record is to be disclosed;
(4) the place and date of birth of the adopted child;
(5) the biological relationship of the affiant to the adopted child; and
(6) the affiant's consent to disclosure of information from the original birth record of the adopted child.
Sec. 17. Minnesota Statutes 2012, section 144.213, is amended to read:
144.213
OFFICE OF THE STATE REGISTRAR VITAL RECORDS.
Subdivision 1. Creation;
state registrar; Office of Vital Records. The commissioner shall establish an
Office of the State Registrar Vital Records under the supervision
of the state registrar. The
commissioner shall furnish to local registrars the forms necessary for correct
reporting of vital statistics, and shall instruct the local registrars in the
collection and compilation of the data.
The commissioner shall promulgate rules for the collection, filing, and
registering of vital statistics information by the state and local
registrars registrar, physicians, morticians, and others. Except as otherwise provided in sections
144.211 to 144.227, rules previously promulgated by the commissioner relating
to the collection, filing and registering of vital statistics shall remain in
effect until repealed, modified or superseded by a rule promulgated by the
commissioner.
Subd. 2. General
duties. (a) The state
registrar shall coordinate the work of local registrars to maintain a
statewide system of vital statistics. The
state registrar is responsible for the administration and enforcement of
sections 144.211 to 144.227, and shall supervise local registrars in
the enforcement of sections 144.211 to 144.227 and the rules promulgated
thereunder. Local issuance offices
that fail to comply with the statutes or rules or to properly train employees
may have their issuance privileges and access to the vital records system
revoked.
(b) To preserve vital records the state
registrar is authorized to prepare typewritten, photographic, electronic or other
reproductions of original records and files in the Office of Vital Records. The reproductions when certified by the state
registrar shall be accepted as the original records.
(c) The state registrar shall also:
(1) establish, designate, and eliminate
offices in the state to aid in the efficient issuance of vital records;
(2) direct the activities of
all persons engaged in activities pertaining to the operation of the system of
vital statistics;
(3) develop and conduct training
programs to promote uniformity of policy and procedures throughout the state in
matters pertaining to the system of vital statistics; and
(4) prescribe, furnish, and distribute
all forms required by sections 144.211 to 144.227 and any rules adopted under
these sections, and prescribe other means for the transmission of data,
including electronic submission, that will accomplish the purpose of complete,
accurate, and timely reporting and registration.
Subd. 3. Record
keeping. To preserve vital records
the state registrar is authorized to prepare typewritten, photographic,
electronic or other reproductions of original records and files in the Office
of the State Registrar. The
reproductions when certified by the state or local registrar shall be accepted
as the original records.
Sec. 18. [144.2131]
SECURITY OF VITAL RECORDS SYSTEM.
The state registrar shall:
(1) authenticate all users of the
system of vital statistics and document that all users require access based on
their official duties;
(2) authorize authenticated users of
the system of vital statistics to access specific components of the vital
statistics systems necessary for their official roles and duties;
(3) establish separation of duties
between staff roles that may be susceptible to fraud or misuse and routinely
perform audits of staff work for the purposes of identifying fraud or misuse
within the vital statistics system;
(4) require that authenticated and
authorized users of the system of vital statistics maintain a specified level
of training related to security and provide written acknowledgment of security
procedures and penalties;
(5) validate data submitted for
registration through site visits or with independent sources outside the
registration system at a frequency specified by the state registrar to maximize
the integrity of the data collected;
(6)
protect personally identifiable information and maintain systems pursuant to
applicable state and federal laws;
(7) accept a report of death if the
decedent was born in Minnesota or if the decedent was a resident of Minnesota
from the United States Department of Defense or the United States Department of
State when the death of a United States citizen occurs outside the United
States;
(8) match death records registered in
Minnesota and death records provided from other jurisdictions to live birth
records in Minnesota;
(9) match death records received from
the United States Department of Defense or the United States Department of
State for deaths of United States citizens occurring outside the United States
to live birth records in Minnesota;
(10) work with law enforcement to
initiate and provide evidence for active fraud investigations;
(11) provide secure workplace, storage,
and technology environments that have limited role-based access;
(12) maintain overt, covert, and
forensic security measures for certifications, verifications, and automated
systems that are part of the vital statistics system; and
(13) comply with applicable
state and federal laws and rules associated with information technology systems
and related information security requirements.
Sec. 19. Minnesota Statutes 2012, section 144.215, subdivision 3, is amended to read:
Subd. 3. Father's
name; child's name. In any case in
which paternity of a child is determined by a court of competent jurisdiction, a
declaration of parentage is executed under section 257.34, or a recognition
of parentage is executed under section 257.75, the name of the father shall be
entered on the birth record. If the
order of the court declares the name of the child, it shall also be entered on
the birth record. If the order of the
court does not declare the name of the child, or there is no court order, then
upon the request of both parents in writing, the surname of the child shall be
defined by both parents.
Sec. 20. Minnesota Statutes 2012, section 144.215, subdivision 4, is amended to read:
Subd. 4. Social
Security number registration. (a)
Parents of a child born within this state shall give the parents' Social
Security numbers to the Office of the State Registrar Vital Records
at the time of filing the birth record, but the numbers shall not appear on the
certified record.
(b) The Social Security numbers are
classified as private data, as defined in section 13.02, subdivision 12, on
individuals, but the Office of the State Registrar Vital Records
shall provide a Social Security number to the public authority responsible for
child support services upon request by the public authority for use in the
establishment of parentage and the enforcement of child support obligations.
Sec. 21. Minnesota Statutes 2012, section 144.216, subdivision 1, is amended to read:
Subdivision 1. Reporting
a foundling. Whoever finds a live
born infant of unknown parentage shall report within five days to the Office of
the State Registrar Vital Records such information as the
commissioner may by rule require to identify the foundling.
Sec. 22. Minnesota Statutes 2012, section 144.217, subdivision 2, is amended to read:
Subd. 2. Court petition. If a delayed record of birth is rejected under subdivision 1, a person may petition the appropriate court in the county in which the birth allegedly occurred for an order establishing a record of the date and place of the birth and the parentage of the person whose birth is to be registered. The petition shall state:
(1) that the person for whom a delayed record of birth is sought was born in this state;
(2) that no record of birth can be found
in the Office of the State Registrar Vital Records;
(3) that diligent efforts by the petitioner have failed to obtain the evidence required in subdivision 1;
(4) that the state registrar has refused to register a delayed record of birth; and
(5) other information as may be required by the court.
Sec. 23. Minnesota Statutes 2012, section 144.218, subdivision 5, is amended to read:
Subd. 5. Replacement
of vital records. Upon the order of
a court of this state, upon the request of a court of another state, upon
the filing of a declaration of parentage under section 257.34, or upon the
filing of a recognition of parentage with a the state registrar,
a replacement birth record must be registered consistent with the findings of
the court, the declaration of parentage, or the recognition of
parentage.
Sec. 24. [144.2181]
AMENDMENT AND CORRECTION OF VITAL RECORDS.
(a) A vital record registered under
sections 144.212 to 144.227 may be amended or corrected only according to sections
144.212 to 144.227 and rules adopted by the commissioner of health to protect
the integrity and accuracy of vital records.
(b)(1) A vital record that is amended
under this section shall indicate that it has been amended, except as otherwise
provided in this section or by rule.
(2) Electronic documentation shall be
maintained by the state registrar that identifies the evidence upon which the
amendment or correction was based, the date of the amendment or correction, and
the identity of the authorized person making the amendment or correction.
(c) Upon receipt of a certified copy of
an order of a court of competent jurisdiction changing the name of a person
whose birth is registered in Minnesota and upon request of such person if 18
years of age or older or having the status of emancipated minor, the state
registrar shall amend the birth record to show the new name. If the person is a minor or an incapacitated
person then a parent, guardian, or legal representative of the minor or
incapacitated person may make the request.
(d) When an applicant does not submit
the minimum documentation required for amending a vital record or when the
state registrar has cause to question the validity or completeness of the
applicant's statements or the documentary evidence, and the deficiencies are
not corrected, the state registrar shall not amend the vital record. The state registrar shall advise the
applicant of the reason for this action and shall further advise the applicant
of the right of appeal to a court with competent jurisdiction over the
Department of Health.
Sec. 25. Minnesota Statutes 2012, section 144.225, subdivision 1, is amended to read:
Subdivision 1. Public
information; access to vital records. Except
as otherwise provided for in this section and section 144.2252, information
contained in vital records shall be public information. Physical access to vital records shall be
subject to the supervision and regulation of the state and local
registrars registrar and their employees pursuant to rules
promulgated by the commissioner in order to protect vital records from loss,
mutilation or destruction and to prevent improper disclosure of vital records
which are confidential or private data on individuals, as defined in section
13.02, subdivisions 3 and 12.
Sec. 26. Minnesota Statutes 2012, section 144.225, subdivision 4, is amended to read:
Subd. 4. Access to records for research purposes. The state registrar may permit persons performing medical research access to the information restricted in subdivision 2 or 2a if those persons agree in writing not to disclose private or confidential data on individuals.
Sec. 27. Minnesota Statutes 2012, section 144.225, subdivision 7, is amended to read:
Subd. 7. Certified
birth or death record. (a) The state
or local registrar or local issuance office shall issue a
certified birth or death record or a statement of no vital record found to an
individual upon the individual's proper completion of an attestation provided
by the commissioner and payment of the required fee:
(1) to a person who has a tangible interest in the requested vital record. A person who has a tangible interest is:
(i) the subject of the vital record;
(ii) a child of the subject;
(iii) the spouse of the subject;
(iv) a parent of the subject;
(v) the grandparent or grandchild of the subject;
(vi) if the requested record is a death record, a sibling of the subject;
(vii) the party responsible for filing the vital record;
(viii) the legal custodian, guardian or conservator, or health care agent of the subject;
(ix) a personal representative, by sworn affidavit of the fact that the certified copy is required for administration of the estate;
(x) a successor of the subject, as defined in section 524.1-201, if the subject is deceased, by sworn affidavit of the fact that the certified copy is required for administration of the estate;
(xi) if the requested record is a death record, a trustee of a trust by sworn affidavit of the fact that the certified copy is needed for the proper administration of the trust;
(xii) a person or entity who demonstrates that a certified vital record is necessary for the determination or protection of a personal or property right, pursuant to rules adopted by the commissioner; or
(xiii) adoption agencies in order to complete confidential postadoption searches as required by section 259.83;
(2) to
any local, state, or federal governmental agency upon request if the certified
vital record is necessary for the governmental agency to perform its authorized
duties. An authorized governmental
agency includes the Department of Human Services, the Department of Revenue,
and the United States Citizenship and Immigration Services;
(3) to an attorney upon evidence of the attorney's license;
(4) pursuant to a court order issued by a court of competent jurisdiction. For purposes of this section, a subpoena does not constitute a court order; or
(5) to a representative authorized by a person under clauses (1) to (4).
(b) The state or local registrar or
local issuance office shall also issue a certified death record to an
individual described in paragraph (a), clause (1), items (ii) to (viii), if, on
behalf of the individual, a licensed mortician furnishes the registrar with a
properly completed attestation in the form provided by the commissioner within
180 days of the time of death of the subject of the death record. This paragraph is not subject to the
requirements specified in Minnesota Rules, part 4601.2600, subpart 5, item B.
Sec. 28. Minnesota Statutes 2012, section 144.225, subdivision 8, is amended to read:
Subd. 8. Standardized
format for certified birth and death records.
No later than July 1, 2000, The commissioner shall develop
maintain a standardized format for certified birth records and death
records issued by the state and local registrars registrar and
local issuance offices. The format
shall incorporate security features in accordance with this section. The standardized format must be
implemented on a statewide basis by July 1, 2001.
Sec. 29. Minnesota Statutes 2012, section 144.226, is amended to read:
144.226
FEES.
Subdivision 1. Which services are for fee. The fees for the following services shall be the following or an amount prescribed by rule of the commissioner:
(a) The fee for the issuance of administrative
review and processing of a request for a certified vital record or a
certification that the vital record cannot be found is $9. No fee shall be charged for a certified
birth, stillbirth, or death record that is reissued within one year of the
original issue, if an amendment is made to the vital record and if the
previously issued vital record is surrendered. The fee is payable at the time of
application and is nonrefundable.
(b) The fee for processing a request for the replacement of a birth record for all events, except when filing a recognition of parentage pursuant to section 257.73, subdivision 1, is $40. The fee is payable at the time of application and is nonrefundable.
(c) The fee for administrative review
and processing of a request for the filing of a delayed registration
of birth, stillbirth, or death is $40. The
fee is payable at the time of application and is nonrefundable. This fee includes one subsequent review of
the request if the request is not acceptable upon the initial receipt.
(d) The fee for administrative review
and processing of a request for the amendment of any vital record when
requested more than 45 days after the filing of the vital record is $40. No fee shall be charged for an amendment
requested within 45 days after the filing of the vital record. The fee is payable at the time of application
and is nonrefundable. This fee
includes one subsequent review of the request if the request is not acceptable
upon the initial receipt.
(e) The fee for administrative review
and processing of a request for the verification of information from
vital records is $9 when the applicant furnishes the specific information to
locate the vital record. When the
applicant does not furnish specific information, the fee is $20 per hour for
staff time expended. Specific
information includes the correct date of the event and the correct name of the registrant
subject of the record. Fees
charged shall approximate the costs incurred in searching and copying the vital
records. The fee is payable at the time
of application and is nonrefundable.
(f) The fee for administrative review and processing of a request for the issuance of a copy of any document on file pertaining to a vital record or statement that a related document cannot be found is $9. The fee is payable at the time of application and is nonrefundable.
Subd. 2. Fees to state government special revenue fund. Fees collected under this section by the state registrar shall be deposited in the state treasury and credited to the state government special revenue fund.
Subd. 3. Birth
record surcharge. (a) In addition to
any fee prescribed under subdivision 1, there shall be a nonrefundable
surcharge of $3 for each certified birth or stillbirth record and for a
certification that the vital record cannot be found. The local or state registrar or
local issuance office shall forward this amount to the commissioner of
management and budget for deposit into the account for the children's trust fund
for the prevention of child abuse established under section 256E.22. This surcharge shall not be charged under
those circumstances in which no fee for a certified birth or stillbirth record
is permitted under subdivision 1, paragraph (a). Upon certification by the commissioner of
management and budget that the assets in that fund exceed $20,000,000, this
surcharge shall be discontinued.
(b) In addition to any fee prescribed under
subdivision 1, there shall be a nonrefundable surcharge of $10 for each certified
birth record. The local or state
registrar or local issuance office shall forward this amount to the
commissioner of management and budget for deposit in the general fund. This surcharge shall not be charged under
those circumstances in which no fee for a certified birth record is permitted
under subdivision 1, paragraph (a).
Subd. 4. Vital
records surcharge. (a) In
addition to any fee prescribed under subdivision 1, there is a nonrefundable
surcharge of $2 $4 for each certified and noncertified birth,
stillbirth, or death record, and for a certification that the record cannot be
found. The local issuance office
or state registrar shall forward this amount to the commissioner of management
and budget to be deposited into the state government special revenue fund. This surcharge shall not be charged under
those circumstances in which no fee for a birth, stillbirth, or death record is
permitted under subdivision 1, paragraph (a).
(b) Effective August 1, 2005, the
surcharge in paragraph (a) is $4.
Subd. 5. Electronic
verification. A fee for the
electronic verification or electronic certification of a vital event,
when the information being verified or certified is obtained from a
certified birth or death record, shall be established through contractual or
interagency agreements with interested local, state, or federal government
agencies.
Subd. 6. Alternative
payment methods. Notwithstanding
subdivision 1, alternative payment methods may be approved and implemented by
the state registrar or a local registrar issuance office.
Sec. 30. [144.492]
DEFINITIONS.
Subdivision 1. Applicability. For the purposes of sections 144.492 to
144.494, the terms defined in this section have the meanings given them.
Subd. 2. Commissioner. "Commissioner" means the
commissioner of health.
Subd. 3. Joint
commission. "Joint
commission" means the independent, not-for-profit organization that accredits
and certifies health care organizations and programs in the United States.
Subd. 4. Stroke. "Stroke" means the sudden
death of brain cells in a localized area due to inadequate blood flow.
Sec. 31. [144.493]
CRITERIA.
Subdivision 1. Comprehensive
stroke center. A hospital
meets the criteria for a comprehensive stroke center if the hospital has been
certified as a comprehensive stroke center by the joint commission or another
nationally recognized accreditation entity.
Subd. 2. Primary stroke center. A hospital meets the criteria for a
primary stroke center if the hospital has been certified as a primary stroke
center by the joint commission or another nationally recognized accreditation
entity.
Subd. 3. Acute
stroke ready hospital. A
hospital meets the criteria for an acute stroke ready hospital if the hospital
has the following elements of an acute stroke ready hospital:
(1) an acute stroke team available or
on-call 24 hours a days, seven days a week;
(2) written stroke protocols, including
triage, stabilization of vital functions, initial diagnostic tests, and use of
medications;
(3) a written plan and letter of
cooperation with emergency medical services regarding triage and communication
that are consistent with regional patient care procedures;
(4) emergency department personnel who
are trained in diagnosing and treating acute stroke;
(5)
the capacity to complete basic laboratory tests, electrocardiograms, and chest
x-rays 24 hours a day, seven days a week;
(6) the capacity to perform and
interpret brain injury imaging studies 24 hours a day, seven days a week;
(7) written protocols that detail
available emergent therapies and reflect current treatment guidelines, which
include performance measures and are revised at least annually;
(8) a neurosurgery coverage plan, call
schedule, and a triage and transportation plan;
(9) transfer protocols and agreements
for stroke patients; and
(10) a designated medical director with
experience and expertise in acute stroke care.
Sec. 32. [144.494]
DESIGNATING STROKE CENTERS AND STROKE HOSPITALS.
Subdivision 1. Naming
privileges. Unless it has
been designated as a stroke center or stroke hospital pursuant to section
144.493, no hospital shall use the term "stroke center" or
"stroke hospital" in its name or its advertising or shall otherwise
indicate it has stroke treatment capabilities.
Subd. 2. Designation. A hospital that voluntarily meets the
criteria for a comprehensive stroke center, primary stroke center, or acute
stroke ready hospital may apply to the commissioner for designation, and upon
the commissioner's review and approval of the application, shall be designated
as a comprehensive stroke center, a primary stroke center, or an acute stroke
ready hospital for a three-year period. If
a hospital loses its certification as a comprehensive stroke center or primary
stroke center from the joint commission or other nationally recognized
accreditation entity, its Minnesota designation shall be immediately withdrawn. Prior to the expiration of the three-year
designation, a hospital seeking to remain part of the voluntary acute stroke
system may reapply to the commissioner for designation.
Sec. 33. [144.554]
HEALTH FACILITIES CONSTRUCTION PLAN SUBMITTAL AND FEES.
For hospitals, nursing homes, boarding
care homes, residential hospices, supervised living facilities, freestanding
outpatient surgical centers, and end-stage renal disease facilities, the
commissioner shall collect a fee for the review and approval of architectural,
mechanical, and electrical plans and specifications submitted before
construction begins for each project relative to construction of new buildings,
additions to existing buildings, or remodeling or alterations of existing
buildings. All fees collected in this
section shall be deposited in the state treasury and credited to the state
government special revenue fund. Fees
must be paid at the time of submission of final plans for review and are not
refundable. The fee is calculated as
follows:
Sec. 34. Minnesota Statutes 2012, section 144.966, subdivision 2, is amended to read:
Subd. 2. Newborn Hearing Screening Advisory Committee. (a) The commissioner of health shall establish a Newborn Hearing Screening Advisory Committee to advise and assist the Department of Health and the Department of Education in:
(1) developing protocols and timelines for screening, rescreening, and diagnostic audiological assessment and early medical, audiological, and educational intervention services for children who are deaf or hard-of-hearing;
(2) designing protocols for tracking children from birth through age three that may have passed newborn screening but are at risk for delayed or late onset of permanent hearing loss;
(3) designing a technical assistance program to support facilities implementing the screening program and facilities conducting rescreening and diagnostic audiological assessment;
(4) designing implementation and evaluation of a system of follow-up and tracking; and
(5) evaluating program outcomes to increase effectiveness and efficiency and ensure culturally appropriate services for children with a confirmed hearing loss and their families.
(b) The commissioner of health shall appoint at least one member from each of the following groups with no less than two of the members being deaf or hard-of-hearing:
(1) a representative from a consumer organization representing culturally deaf persons;
(2) a parent with a child with hearing loss representing a parent organization;
(3) a consumer from an organization representing oral communication options;
(4) a consumer from an organization representing cued speech communication options;
(5) an audiologist who has experience in evaluation and intervention of infants and young children;
(6) a
speech-language pathologist who has experience in evaluation and intervention
of infants and young children;
(7) two primary care providers who have experience in the care of infants and young children, one of which shall be a pediatrician;
(8) a representative from the early hearing detection intervention teams;
(9) a representative from the Department of Education resource center for the deaf and hard-of-hearing or the representative's designee;
(10) a representative of the Commission of Deaf, DeafBlind and Hard-of-Hearing Minnesotans;
(11) a representative from the Department of Human Services Deaf and Hard-of-Hearing Services Division;
(12) one or more of the Part C coordinators from the Department of Education, the Department of Health, or the Department of Human Services or the department's designees;
(13) the Department of Health early hearing detection and intervention coordinators;
(14) two birth hospital representatives from one rural and one urban hospital;
(15) a pediatric geneticist;
(16) an otolaryngologist;
(17) a representative from the Newborn Screening Advisory Committee under this subdivision; and
(18) a representative of the Department of Education regional low-incidence facilitators.
The commissioner must complete the appointments required under this subdivision by September 1, 2007.
(c) The Department of Health member shall chair the first meeting of the committee. At the first meeting, the committee shall elect a chair from its membership. The committee shall meet at the call of the chair, at least four times a year. The committee shall adopt written bylaws to govern its activities. The Department of Health shall provide technical and administrative support services as required by the committee. These services shall include technical support from individuals qualified to administer infant hearing screening, rescreening, and diagnostic audiological assessments.
Members of the committee shall receive no compensation for their service, but shall be reimbursed as provided in section 15.059 for expenses incurred as a result of their duties as members of the committee.
(d) This subdivision expires June 30, 2013
2019.
Sec. 35. Minnesota Statutes 2012, section 144.966, subdivision 3a, is amended to read:
Subd. 3a. Support
services to families. (a) The
commissioner shall contract with a nonprofit organization to provide support
and assistance to families with children who are deaf or have a hearing loss. The family support provided must include:
(1) direct hearing loss specific
parent-to-parent assistance and unbiased information on communication,
educational, and medical options; and
(2) individualized deaf or hard-of-hearing mentors who provide education, including instruction in American Sign Language as an available option.
The commissioner shall give preference to a nonprofit organization that has the ability to provide these services throughout the state.
(b) Family participation in the support
and assistance services is voluntary.
Sec. 36. Minnesota Statutes 2012, section 144.98, subdivision 3, is amended to read:
Subd. 3. Annual fees. (a) An application for accreditation under subdivision 6 must be accompanied by the annual fees specified in this subdivision. The annual fees include:
(1) base accreditation fee, $1,500 $600;
(2) sample preparation techniques fee, $200 per technique;
(3) an administrative fee for laboratories
located outside this state, $3,750 $2,000; and
(4) test category fees.
(b) For the programs in subdivision 3a, the commissioner may accredit laboratories for fields of testing under the categories listed in clauses (1) to (10) upon completion of the application requirements provided by subdivision 6 and receipt of the fees for each category under each program that accreditation is requested. The categories offered and related fees include:
(1) microbiology, $450 $200;
(2) inorganics, $450 $200;
(3) metals, $1,000 $500;
(4) volatile organics, $1,300 $1,000;
(5) other organics, $1,300 $1,000;
(6) radiochemistry, $1,500 $750;
(7) emerging contaminants, $1,500 $1,000;
(8) agricultural contaminants, $1,250
$1,000;
(9) toxicity (bioassay), $1,000
$500; and
(10) physical characterization, $250.
(c) The total annual fee includes the base fee, the sample preparation techniques fees, the test category fees per program, and, when applicable, an administrative fee for out-of-state laboratories.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 37. Minnesota Statutes 2012, section 144.98, subdivision 5, is amended to read:
Subd. 5. State government special revenue fund. Fees collected by the commissioner under this section must be deposited in the state treasury and credited to the state government special revenue fund.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 38. Minnesota Statutes 2012, section 144.98, is amended by adding a subdivision to read:
Subd. 10. Establishing
a selection committee. (a)
The commissioner shall establish a selection committee for the purpose of
recommending approval of qualified laboratory assessors and assessment bodies. Committee members shall demonstrate
competence in assessment practices. The
committee shall initially consist of seven members appointed by the
commissioner as follows:
(1) one member from a municipal
laboratory accredited by the commissioner;
(2) one member from an industrial
treatment laboratory accredited by the commissioner;
(3) one member from a commercial
laboratory located in this state and accredited by the commissioner;
(4) one member from a commercial
laboratory located outside the state and accredited by the commissioner;
(5) one member from a nongovernmental
client of environmental laboratories;
(6) one member from a professional
organization with a demonstrated interest in environmental laboratory data and
accreditation; and
(7) one employee of the laboratory
accreditation program administered by the department.
(b) Committee appointments begin on January
1 and end on December 31 of the same year.
(c) The commissioner shall appoint
persons to fill vacant committee positions, expand the total number of
appointed positions, or change the designated positions upon the advice of the
committee.
(d) The commissioner shall rescind the
appointment of a selection committee member for sufficient cause as the
commissioner determines, such as:
(1) neglect of duty;
(2) failure to notify the commissioner
of a real or perceived conflict of interest;
(3) nonconformance with committee
procedures;
(4) failure to demonstrate
competence in assessment practices; or
(5) official misconduct.
(e) Members of the selection committee
shall be compensated according to the provisions in section 15.059, subdivision
3.
Sec. 39. Minnesota Statutes 2012, section 144.98, is amended by adding a subdivision to read:
Subd. 11. Activities
of the selection committee. (a)
The selection committee shall determine assessor and assessment organization
application requirements, the frequency of application submittal, and the
application review schedule. The
commissioner shall publish the application requirements and procedures on the
accreditation program Web site.
(b) In its selection process, the
committee shall ensure its application requirements and review process:
(1) meet the standards implemented in
subdivision 2a;
(2) ensure assessors have demonstrated
competence in technical disciplines offered for accreditation by the
commissioner; and
(3) consider any history of repeated
nonconformance or complaints regarding assessors or assessment bodies.
(c) The selection committee shall
consider an application received from qualified applicants and shall supply a
list of recommended assessors and assessment bodies to the commissioner of
health no later than 90 days after the commissioner notifies the committee of
the need for review of applications.
Sec. 40. Minnesota Statutes 2012, section 144.98, is amended by adding a subdivision to read:
Subd. 12. Commissioner
approval of assessors and scheduling of assessments. (a) The commissioner shall approve
assessors who:
(1) are employed by the commissioner
for the purpose of accrediting laboratories and demonstrate competence in
assessment practices for environmental laboratories; or
(2) are employed by a state or federal
agency with established agreements for mutual assistance or recognition with
the commissioner and demonstrate competence in assessment practices for
environmental laboratories.
(b) The commissioner may approve other
assessors or assessment organizations who are recommended by the selection
committee according to subdivision 11, paragraph (c). The commissioner shall publish the list of
assessors and assessment organizations approved from the recommendations.
(c) The commissioner shall rescind
approval for an assessor or assessment organization for sufficient cause as the
commissioner determines, such as:
(1) failure to meet the minimum
qualifications for performing assessments;
(2) lack of availability;
(3) nonconformance with the applicable
laws, rules, standards, policies, and procedures;
(4) misrepresentation of
application information regarding qualifications and training; or
(5) excessive cost to perform the
assessment activities.
Sec. 41. Minnesota Statutes 2012, section 144.98, is amended by adding a subdivision to read:
Subd. 13. Laboratory
requirements for assessor selection and scheduling assessments. (a) A laboratory accredited or seeking
accreditation that requires an assessment by the commissioner must select an
assessor, group of assessors, or assessment organization from the published
list specified in subdivision 12, paragraph (b). An accredited laboratory must complete an
assessment and make all corrective actions at least once every 24 months. Unless the commissioner grants interim
accreditation, a laboratory seeking accreditation must complete an assessment
and make all corrective actions prior to, but no earlier than, 18 months prior
to the date the application is submitted to the commissioner.
(b) A laboratory shall not select the
same assessor more than twice in succession for assessments of the same
facility unless the laboratory receives written approval from the commissioner
for the selection. The laboratory must
supply a written request to the commissioner for approval and must justify the
reason for the request and provide the alternate options considered.
(c) A laboratory must select assessors
appropriate to the size and scope of the laboratory's application or existing
accreditation.
(d) A laboratory must enter into its
own contract for direct payment of the assessors or assessment organization. The contract must authorize the assessor,
assessment organization, or subcontractors to release all records to the
commissioner regarding the assessment activity, when the assessment is
performed in compliance with this section.
(e) A laboratory must agree to permit
other assessors as selected by the commissioner to participate in the
assessment activities.
(f) If the laboratory determines no
approved assessor is available to perform the assessment, the laboratory must
notify the commissioner in writing and provide a justification for the
determination. If the commissioner
confirms no approved assessor is available, the commissioner may designate an
alternate assessor from those approved in subdivision 12, paragraph (a), or the
commissioner may delay the assessment until an assessor is available. If an approved alternate assessor performs
the assessment, the commissioner may collect fees equivalent to the cost of
performing the assessment activities.
(g) Fees collected under this section
are deposited in a special account and are annually appropriated to the
commissioner for the purpose of performing assessment activities.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 42. Minnesota Statutes 2012, section 144.99, subdivision 4, is amended to read:
Subd. 4. Administrative penalty orders. (a) The commissioner may issue an order requiring violations to be corrected and administratively assessing monetary penalties for violations of the statutes, rules, and other actions listed in subdivision 1. The procedures in section 144.991 must be followed when issuing administrative penalty orders. Except in the case of repeated or serious violations, the penalty assessed in the order must be forgiven if the person who is subject to the order demonstrates in writing to the commissioner before the 31st day after receiving the order that the person has corrected the violation or has developed a corrective plan acceptable to the commissioner. The maximum amount of an administrative penalty order is $10,000 for each violator for all violations by that violator identified in an inspection or review of compliance.
(b) Notwithstanding paragraph (a), the commissioner may issue to a large public water supply, serving a population of more than 10,000 persons, an administrative penalty order imposing a penalty of at least $1,000 per day per violation, not to exceed $10,000 for each violation of sections 144.381 to 144.385 and rules adopted thereunder.
(c) Notwithstanding paragraph (a), the
commissioner may issue to a certified lead firm or person performing regulated
lead work, an administrative penalty order imposing a penalty of at least
$5,000 per violation per day, not to exceed $10,000 for each violation of
sections 144.9501 to 144.9512 and rules adopted thereunder. All revenue collected from monetary penalties
in this section shall be deposited in the state treasury and credited to the
state government special revenue fund.
Sec. 43. [145.4716]
SAFE HARBOR FOR SEXUALLY EXPLOITED YOUTH.
Subdivision 1. Director. The commissioner of health shall
establish a position for a director of child sex trafficking prevention.
Subd. 2. Duties
of director. The director of
child sex trafficking prevention is responsible for the following:
(1) developing and providing comprehensive
training on sexual exploitation of youth for social service professionals,
medical professionals, public health workers, and criminal justice
professionals;
(2) collecting, organizing, maintaining,
and disseminating information on sexual exploitation and services across the
state, including maintaining a list of resources on the Department of Health
Web site;
(3) monitoring and applying for federal
funding for antitrafficking efforts that may benefit victims in the state;
(4) managing grant programs established
under this act;
(5) identifying best practices in serving
sexually exploited youth, as defined in section 260C.007, subdivision 31;
(6) providing oversight of and technical
support to regional navigators pursuant to section 145.4717;
(7)
conducting a comprehensive evaluation of the statewide program for safe harbor
of sexually exploited youth; and
(8) developing a policy, consistent with
the requirements of chapter 13, for sharing data related to sexually exploited
youth, as defined in section 260C.007, subdivision 31, among regional
navigators and community-based advocates.
Sec. 44. [145.4717]
REGIONAL NAVIGATOR GRANTS.
The commissioner of health, through its
director of child sex trafficking prevention, established in section 145.4716,
shall provide grants to regional navigators serving six regions of the state to
be determined by the commissioner. Each
regional navigator must develop and annually submit a work plan to the director
of child sex trafficking prevention. The
work plans must include, but are not limited to, the following information:
(1) a needs statement specific to the
region, including an examination of the population at risk;
(2) regional resources available to
sexually exploited youth, as defined in section 260C.007, subdivision 31;
(3) grant goals and measurable outcomes;
and
(4) grant activities including timelines.
Sec. 45. [145.4718]
PROGRAM EVALUATION.
(a) The director of child sex trafficking
prevention, established under section 145.4716, must conduct, or contract for,
comprehensive evaluation of the statewide program for safe harbor for sexually
exploited youth. The first evaluation
must be completed by June 30, 2015, and must be submitted to the commissioner
of health by September 1, 2015, and every two years thereafter. The evaluation must consider whether the
program is reaching intended victims and whether support services are
available, accessible, and adequate for sexually exploited youth, as defined in
section 260C.007, subdivision 31.
(b) In conducting the evaluation, the
director of child sex trafficking prevention must consider evaluation of
outcomes, including whether the program increases identification of sexually
exploited youth, coordination of investigations, access to services and housing
available for sexually exploited youth, and improved effectiveness of services. The evaluation must also include examination
of the ways in which penalties under section 609.3241 are assessed, collected,
and distributed to ensure funding for investigation, prosecution, and victim
services to combat sexual exploitation of youth.
Sec. 46. Minnesota Statutes 2012, section 145.906, is amended to read:
145.906
POSTPARTUM DEPRESSION EDUCATION AND INFORMATION.
(a) The commissioner of health shall work with health care facilities, licensed health and mental health care professionals, the women, infants, and children (WIC) program, mental health advocates, consumers, and families in the state to develop materials and information about postpartum depression, including treatment resources, and develop policies and procedures to comply with this section.
(b) Physicians, traditional midwives, and other licensed health care professionals providing prenatal care to women must have available to women and their families information about postpartum depression.
(c) Hospitals and other health care facilities in the state must provide departing new mothers and fathers and other family members, as appropriate, with written information about postpartum depression, including its symptoms, methods of coping with the illness, and treatment resources.
(d) Information about postpartum depression, including its symptoms, potential impact on families, and treatment resources, must be available at WIC sites.
(e) The commissioner of health, in
collaboration with the commissioner of human services and to the extent
authorized by the federal Centers for Disease Control and Prevention, shall
review the materials and information related to postpartum depression to
determine their effectiveness in transmitting the information in a way that
reduces racial health disparities as reported in surveys of maternal attitudes
and experiences before, during, and after pregnancy, including those conducted
by the commissioner of health. The
commissioner shall implement changes to reduce racial health disparities in the
information reviewed, as needed, and ensure that women of color are receiving
the information.
Sec. 47. [145.907]
MATERNAL DEPRESSION; DEFINITION.
"Maternal depression" means
depression or other perinatal mood or anxiety disorder experienced by a woman
during pregnancy or during the first year following the birth of her child.
Sec. 48. Minnesota Statutes 2012, section 145.986, is amended to read:
145.986
STATEWIDE HEALTH IMPROVEMENT PROGRAM.
Subdivision 1. Grants
to local communities Purpose.
The purpose of the statewide health improvement program is to:
(1) address the top three
leading preventable causes of illness and death: tobacco use and exposure, poor diet, and lack
of regular physical activity;
(2) promote the development,
availability, and use of evidence-based, community level, comprehensive
strategies to create healthy communities; and
(3) measure the impact of the
evidence-based, community health improvement practices which over time work to
contain health care costs and reduce chronic diseases.
Subd. 1a. Grants
to local communities. (a)
Beginning July 1, 2009, the commissioner of health shall award competitive
grants to community health boards established pursuant to section 145A.09 and
tribal governments to convene, coordinate, and implement evidence-based
strategies targeted at reducing the percentage of Minnesotans who are obese or
overweight and to reduce the use of tobacco.
Grants shall be awarded to all community health boards and tribal
governments whose proposals demonstrate the ability to implement programs
designed to achieve the purposes in subdivision 1 and other requirements of
this section.
(b) Grantee activities shall:
(1) be based on scientific evidence;
(2) be based on community input;
(3) address behavior change at the individual, community, and systems levels;
(4) occur in community, school, worksite,
and health care settings; and
(5) be focused on policy, systems, and
environmental changes that support healthy behaviors.; and
(6) address the health disparities and
inequities that exist in the grantee's community.
(c) To receive a grant under this section, community health boards and tribal governments must submit proposals to the commissioner. A local match of ten percent of the total funding allocation is required. This local match may include funds donated by community partners.
(d) In order to receive a grant, community health boards and tribal governments must submit a health improvement plan to the commissioner of health for approval. The commissioner may require the plan to identify a community leadership team, community partners, and a community action plan that includes an assessment of area strengths and needs, proposed action strategies, technical assistance needs, and a staffing plan.
(e) The grant recipient must implement the
health improvement plan, evaluate the effectiveness of the interventions
strategies, and modify or discontinue interventions strategies
found to be ineffective.
(f)
By January 15, 2011, the commissioner of health shall recommend whether any
funding should be distributed to community health boards and tribal governments
based on health disparities demonstrated in the populations served.
(g) (f) Grant recipients shall
report their activities and their progress toward the outcomes established
under subdivision 2 to the commissioner in a format and at a time specified by
the commissioner.
(h) (g) All grant recipients
shall be held accountable for making progress toward the measurable outcomes
established in subdivision 2. The commissioner
shall require a corrective action plan and may reduce the funding level of
grant recipients that do not make adequate progress toward the measurable
outcomes.
Subd. 2. Outcomes. (a) The commissioner shall set measurable outcomes to meet the goals specified in subdivision 1, and annually review the progress of grant recipients in meeting the outcomes.
(b) The commissioner shall measure current public health status, using existing measures and data collection systems when available, to determine baseline data against which progress shall be monitored.
Subd. 3. Technical
assistance and oversight. (a)
The commissioner shall provide content expertise, technical expertise, and
training to grant recipients and advice on evidence-based strategies, including
those based on populations and types of communities served. The commissioner shall ensure that the
statewide health improvement program meets the outcomes established under subdivision
2 by conducting a comprehensive statewide evaluation and assisting grant
recipients to modify or discontinue interventions found to be ineffective.
(b) For the purposes of carrying out
the grant program under this section, including for administrative purposes,
the commissioner shall award contracts to appropriate entities to assist in
training and provide technical assistance to grantees.
(c)
Contracts awarded under paragraph (b) may be used to provide technical
assistance and training in the areas of:
(1) community engagement and capacity
building;
(2) tribal support;
(3) community asset building and risk
behavior reduction;
(4) legal;
(5) communications;
(6) community, school, health care,
work site, and other site-specific strategies; and
(7) health equity.
Subd. 4. Evaluation. (a) Using the outcome measures established in subdivision 3, the commissioner shall conduct a biennial evaluation of the statewide health improvement program funded under this section. Grant recipients shall cooperate with the commissioner in the evaluation and provide the commissioner with the information necessary to conduct the evaluation.
(b) Grant recipients will collect,
monitor, and submit to the Department of Health baseline and annual data and
provide information to improve the quality and impact of community health
improvement strategies.
(c)
For the purposes of carrying out the grant program under this section,
including for administrative purposes, the commissioner shall award contracts
to appropriate entities to assist in designing and implementing evaluation
systems.
(d) Contracts awarded under paragraph
(c) may be used to:
(1) develop grantee monitoring and
reporting systems to track grantee progress, including aggregated and
disaggregated data;
(2) manage, analyze, and report program
evaluation data results; and
(3) utilize innovative support
tools to analyze and predict the impact of prevention strategies on health
outcomes and state health care costs over time.
Subd. 5. Report. The commissioner shall submit a biennial
report to the legislature on the statewide health improvement program funded
under this section. These reports
The report must include information on each grant recipients
recipient, including the activities that were conducted by the
grantee using grant funds, evaluation data, and outcome measures, if
available. the grantee's progress
toward achieving the measurable outcomes established under subdivision 2, and
the data provided to the commissioner by the grantee to measure these outcomes
for grant activities. The commissioner
shall provide information on grants in which a corrective action plan was
required under subdivision 1a, the types of plan action, and the progress that
has been made toward meeting the measurable outcomes. In addition, the commissioner shall provide
recommendations on future areas of focus for health improvement. These reports are due by January 15 of every
other year, beginning in 2010. In the
report due on January 15, 2010, the commissioner shall include recommendations
on a sustainable funding source for the statewide health improvement program
other than the health care access fund In the report due on January 15,
2014, the commissioner shall include a description of the contracts awarded
under subdivision 4, paragraph (c), and the monitoring and evaluation systems
that were designed and implemented under these contracts.
Subd. 6. Supplantation of existing funds. Community health boards and tribal governments must use funds received under this section to develop new programs, expand current programs that work to reduce the percentage of Minnesotans who are obese or overweight or who use tobacco, or replace discontinued state or federal funds previously used to reduce the percentage of Minnesotans who are obese or overweight or who use tobacco. Funds must not be used to supplant current state or local funding to community health boards or tribal governments used to reduce the percentage of Minnesotans who are obese or overweight or to reduce tobacco use.
Sec. 49. Minnesota Statutes 2012, section 145A.17, subdivision 1, is amended to read:
Subdivision 1. Establishment; goals. The commissioner shall establish a program to fund family home visiting programs designed to foster healthy beginnings, improve pregnancy outcomes, promote school readiness, prevent child abuse and neglect, reduce juvenile delinquency, promote positive parenting and resiliency in children, and promote family health and economic self-sufficiency for children and families. The commissioner shall promote partnerships, collaboration, and multidisciplinary visiting done by teams of professionals and paraprofessionals from the fields of public health nursing, social work, and early childhood education. A program funded under this section must serve families at or below 200 percent of the federal poverty guidelines, and other families determined to be at risk, including but not limited to being at risk for child abuse, child neglect, or juvenile delinquency. Programs must begin prenatally whenever possible and must be targeted to families with:
(1) adolescent parents;
(2) a history of alcohol or other drug abuse;
(3) a history of child abuse, domestic abuse, or other types of violence;
(4) a history of domestic abuse, rape, or other forms of victimization;
(5) reduced cognitive functioning;
(6) a lack of knowledge of child growth and development stages;
(7) low resiliency to adversities and environmental stresses;
(8) insufficient financial resources to meet family needs;
(9) a history of homelessness;
(10) a risk of long-term welfare dependence
or family instability due to employment barriers; or
(11) a serious mental health disorder,
including maternal depression as defined in section 145.907; or
(11) (12) other risk factors as
determined by the commissioner.
Sec. 50. Minnesota Statutes 2012, section 149A.02, subdivision 1a, is amended to read:
Subd. 1a. Alkaline
hydrolysis. "Alkaline
hydrolysis" means the reduction of a dead human body to essential elements
through exposure to a combination of heat and alkaline hydrolysis and the
repositioning or movement of the body during the process to facilitate
reduction, a water-based dissolution process using alkaline chemicals,
heat, agitation, and pressure to accelerate natural decomposition; the
processing of the hydrolyzed remains after removal from the alkaline
hydrolysis chamber, vessel; placement of the processed remains in
a hydrolyzed remains container, ; and release of the hydrolyzed
remains to an appropriate party. Alkaline
hydrolysis is a form of final disposition.
Sec. 51. Minnesota Statutes 2012, section 149A.02, is amended by adding a subdivision to read:
Subd. 1b. Alkaline
hydrolysis container. "Alkaline
hydrolysis container" means a hydrolyzable or biodegradable closed
container or pouch resistant to leakage of bodily fluids that encases the body
and into which a dead human body is placed prior to insertion into an alkaline
hydrolysis vessel. Alkaline hydrolysis
containers may be hydrolyzable or biodegradable alternative containers or
caskets.
Sec. 52. Minnesota Statutes 2012, section 149A.02, is amended by adding a subdivision to read:
Subd. 1c. Alkaline
hydrolysis facility. "Alkaline
hydrolysis facility" means a building or structure containing one or more
alkaline hydrolysis vessels for the alkaline hydrolysis of dead human bodies.
Sec. 53. Minnesota Statutes 2012, section 149A.02, is amended by adding a subdivision to read:
Subd. 1d. Alkaline
hydrolysis vessel. "Alkaline
hydrolysis vessel" means the container in which the alkaline hydrolysis of
a dead human body is performed.
Sec. 54. Minnesota Statutes 2012, section 149A.02, subdivision 2, is amended to read:
Subd. 2. Alternative container. "Alternative container" means a nonmetal receptacle or enclosure, without ornamentation or a fixed interior lining, which is designed for the encasement of dead human bodies and is made of hydrolyzable or biodegradable materials, corrugated cardboard, fiberboard, pressed-wood, or other like materials.
Sec. 55. Minnesota Statutes 2012, section 149A.02, subdivision 3, is amended to read:
Subd. 3. Arrangements for disposition. "Arrangements for disposition" means any action normally taken by a funeral provider in anticipation of or preparation for the entombment, burial in a cemetery, alkaline hydrolysis, or cremation of a dead human body.
Sec. 56. Minnesota Statutes 2012, section 149A.02, subdivision 4, is amended to read:
Subd. 4. Cash advance item. "Cash advance item" means any item of service or merchandise described to a purchaser as a "cash advance," "accommodation," "cash disbursement," or similar term. A cash advance item is also any item obtained from a third party and paid for by the funeral provider on the purchaser's behalf. Cash advance items include, but are not limited to, cemetery, alkaline hydrolysis, or crematory services, pallbearers, public transportation, clergy honoraria, flowers, musicians or singers, obituary notices, gratuities, and death records.
Sec. 57. Minnesota Statutes 2012, section 149A.02, subdivision 5, is amended to read:
Subd. 5. Casket. "Casket" means a rigid container which is designed for the encasement of a dead human body and is usually constructed of hydrolyzable or biodegradable materials, wood, metal, fiberglass, plastic, or like material, and ornamented and lined with fabric.
Sec. 58. Minnesota Statutes 2012, section 149A.02, is amended by adding a subdivision to read:
Subd. 12a. Crypt. "Crypt" means a space in a
mausoleum of sufficient size, used or intended to be used, to entomb human
remains, cremated remains, or hydrolyzed remains.
Sec. 59. Minnesota Statutes 2012, section 149A.02, is amended by adding a subdivision to read:
Subd. 12b. Direct
alkaline hydrolysis. "Direct
alkaline hydrolysis" means a final disposition of a dead human body by
alkaline hydrolysis, without formal viewing, visitation, or ceremony with the
body present.
Sec. 60. Minnesota Statutes 2012, section 149A.02, subdivision 16, is amended to read:
Subd. 16. Final disposition. "Final disposition" means the acts leading to and the entombment, burial in a cemetery, alkaline hydrolysis, or cremation of a dead human body.
Sec. 61. Minnesota Statutes 2012, section 149A.02, subdivision 23, is amended to read:
Subd. 23. Funeral services. "Funeral services" means any services which may be used to: (1) care for and prepare dead human bodies for burial, alkaline hydrolysis, cremation, or other final disposition; and (2) arrange, supervise, or conduct the funeral ceremony or the final disposition of dead human bodies.
Sec. 62. Minnesota Statutes 2012, section 149A.02, is amended by adding a subdivision to read:
Subd. 24b. Hydrolyzed remains. "Hydrolyzed remains" means
the remains of a dead human body following the alkaline hydrolysis
process. Hydrolyzed remains does not
include pacemakers, prostheses, or similar foreign materials.
Sec. 63. Minnesota Statutes 2012, section 149A.02, is amended by adding a subdivision to read:
Subd. 24c. Hydrolyzed
remains container. "Hydrolyzed
remains container" means a receptacle in which hydrolyzed remains are
placed. For purposes of this chapter, a
hydrolyzed remains container is interchangeable with "urn" or similar
keepsake storage jewelry.
Sec. 64. Minnesota Statutes 2012, section 149A.02, is amended by adding a subdivision to read:
Subd. 26a. Inurnment. "Inurnment" means placing
hydrolyzed or cremated remains in a hydrolyzed or cremated remains container
suitable for placement, burial, or shipment.
Sec. 65. Minnesota Statutes 2012, section 149A.02, subdivision 27, is amended to read:
Subd. 27. Licensee. "Licensee" means any person or entity that has been issued a license to practice mortuary science, to operate a funeral establishment, to operate an alkaline hydrolysis facility, or to operate a crematory by the Minnesota commissioner of health.
Sec. 66. Minnesota Statutes 2012, section 149A.02, is amended by adding a subdivision to read:
Subd. 30a. Niche. "Niche" means a space in a
columbarium used, or intended to be used, for the placement of hydrolyzed or
cremated remains.
Sec. 67. Minnesota Statutes 2012, section 149A.02, is amended by adding a subdivision to read:
Subd. 32a. Placement. "Placement" means the
placing of a container holding hydrolyzed or cremated remains in a crypt,
vault, or niche.
Sec. 68. Minnesota Statutes 2012, section 149A.02, subdivision 34, is amended to read:
Subd. 34. Preparation of the body. "Preparation of the body" means placement of the body into an appropriate cremation or alkaline hydrolysis container, embalming of the body or such items of care as washing, disinfecting, shaving, positioning of features, restorative procedures, application of cosmetics, dressing, and casketing.
Sec. 69. Minnesota Statutes 2012, section 149A.02, subdivision 35, is amended to read:
Subd. 35. Processing. "Processing" means the removal of foreign objects, drying or cooling, and the reduction of the hydrolyzed or cremated remains by mechanical means including, but not limited to, grinding, crushing, or pulverizing, to a granulated appearance appropriate for final disposition.
Sec. 70. Minnesota Statutes 2012, section 149A.02, subdivision 37, is amended to read:
Subd. 37. Public transportation. "Public transportation" means all manner of transportation via common carrier available to the general public including airlines, buses, railroads, and ships. For purposes of this chapter, a livery service providing transportation to private funeral establishments, alkaline hydrolysis facilities, or crematories is not public transportation.
Sec. 71. Minnesota Statutes 2012, section 149A.02, is amended by adding a subdivision to read:
Subd. 37c. Scattering. "Scattering" means the
authorized dispersal of hydrolyzed or cremated remains in a defined area of a
dedicated cemetery or in areas where no local prohibition exists provided that
the hydrolyzed or cremated remains are not distinguishable to the public, are
not in a container, and that the person who has control over disposition of the
hydrolyzed or cremated remains has obtained written permission of the property
owner or governing agency to scatter on the property.
Sec. 72. Minnesota Statutes 2012, section 149A.02, is amended by adding a subdivision to read:
Subd. 41. Vault. "Vault" means a space in a
mausoleum of sufficient size, used or intended to be used, to entomb human
remains, cremated remains, or hydrolyzed remains. Vault may also mean a sealed and lined casket
enclosure.
Sec. 73. Minnesota Statutes 2012, section 149A.03, is amended to read:
149A.03
DUTIES OF COMMISSIONER.
The commissioner shall:
(1) enforce all laws and adopt and enforce rules relating to the:
(i) removal, preparation,
transportation, arrangements for disposition, and final disposition of dead
human bodies;
(ii)
licensure and professional conduct of funeral directors, morticians, interns,
practicum students, and clinical students;
(iii) licensing and operation of a funeral
establishment; and
(iv) licensing and operation of an
alkaline hydrolysis facility; and
(iv) (v) licensing and
operation of a crematory;
(2) provide copies of the requirements for licensure and permits to all applicants;
(3) administer examinations and issue licenses and permits to qualified persons and other legal entities;
(4) maintain a record of the name and location of all current licensees and interns;
(5) perform periodic compliance reviews and premise inspections of licensees;
(6) accept and investigate complaints relating to conduct governed by this chapter;
(7) maintain a record of all current preneed arrangement trust accounts;
(8) maintain a schedule of application, examination, permit, and licensure fees, initial and renewal, sufficient to cover all necessary operating expenses;
(9) educate the public about the existence and content of the laws and rules for mortuary science licensing and the removal, preparation, transportation, arrangements for disposition, and final disposition of dead human bodies to enable consumers to file complaints against licensees and others who may have violated those laws or rules;
(10) evaluate the laws, rules, and procedures regulating the practice of mortuary science in order to refine the standards for licensing and to improve the regulatory and enforcement methods used; and
(11) initiate proceedings to address and remedy deficiencies and inconsistencies in the laws, rules, or procedures governing the practice of mortuary science and the removal, preparation, transportation, arrangements for disposition, and final disposition of dead human bodies.
Sec. 74. [149A.54]
LICENSE TO OPERATE AN ALKALINE HYDROLYSIS FACILITY.
Subdivision 1. License
requirement. Except as
provided in section 149A.01, subdivision 3, a place or premise shall not be
maintained, managed, or operated which is devoted to or used in the holding and
alkaline hydrolysis of a dead human body without possessing a valid license to
operate an alkaline hydrolysis facility issued by the commissioner of health.
Subd. 2. Requirements
for an alkaline hydrolysis facility.
(a) An alkaline hydrolysis facility licensed under this section
must consist of:
(1) a building or structure that
complies with applicable local and state building codes, zoning laws and
ordinances, and wastewater management and environmental standards, containing
one or more alkaline hydrolysis vessels for the alkaline hydrolysis of dead
human bodies;
(2) a method approved by the
commissioner of health to dry the hydrolyzed remains and which is located
within the licensed facility;
(3) a means approved by the
commissioner of health for refrigeration of dead human bodies awaiting alkaline
hydrolysis;
(4) an appropriate means of processing
hydrolyzed remains to a granulated appearance appropriate for final
disposition; and
(5) an appropriate holding facility for
dead human bodies awaiting alkaline hydrolysis.
(b) An alkaline hydrolysis facility
licensed under this section may also contain a display room for funeral goods.
Subd. 3. Application
procedure; documentation; initial inspection. An application to license and operate
an alkaline hydrolysis facility shall be submitted to the commissioner of
health. A completed application
includes:
(1) a completed application form, as
provided by the commissioner;
(2) proof of business form and
ownership;
(3) proof of liability insurance
coverage or other financial documentation, as determined by the commissioner,
that demonstrates the applicant's ability to respond in damages for liability
arising from the ownership, maintenance management, or operation of an alkaline
hydrolysis facility; and
(4) copies of wastewater and other
environmental regulatory permits and environmental regulatory licenses
necessary to conduct operations.
Upon receipt of the application and appropriate fee, the
commissioner shall review and verify all information. Upon completion of the verification process
and resolution of any deficiencies in the application information, the
commissioner shall conduct an initial inspection of the premises to be licensed. After the inspection and resolution of any
deficiencies found and any reinspections as may be necessary, the commissioner
shall make a determination, based on all the information available, to grant or
deny licensure. If the commissioner's
determination is to grant the license, the applicant shall be notified and the
license shall issue and remain valid for a period prescribed on the license,
but not to exceed one calendar year from the date of issuance of the license. If the commissioner's determination is to
deny the license, the commissioner must notify the applicant in writing of the
denial and provide the specific reason for denial.
Subd. 4. Nontransferability
of license. A license to
operate an alkaline hydrolysis facility is not assignable or transferable and
shall not be valid for any entity other than the one named. Each license issued to operate an alkaline
hydrolysis facility is valid only for the location identified on the license. A 50 percent or more change in ownership or
location of the alkaline hydrolysis facility automatically terminates the
license. Separate licenses shall be
required of two or more persons or other legal entities operating from the same
location.
Subd. 5. Display
of license. Each license to
operate an alkaline hydrolysis facility must be conspicuously displayed in the
alkaline hydrolysis facility at all times.
Conspicuous display means in a location where a member of the general
public within the alkaline hydrolysis facility is able to observe and read the
license.
Subd. 6. Period of licensure. All licenses to operate an alkaline
hydrolysis facility issued by the commissioner are valid for a period of one
calendar year beginning on July 1 and ending on June 30, regardless of the date
of issuance.
Subd. 7. Reporting
changes in license information. Any
change of license information must be reported to the commissioner, on forms
provided by the commissioner, no later than 30 calendar days after the change
occurs. Failure to report changes is
grounds for disciplinary action.
Subd. 8. Notification
to the commissioner. If the
licensee is operating under a wastewater or an environmental permit or license
that is subsequently revoked, denied, or terminated, the licensee shall notify
the commissioner.
Subd. 9. Application
information. All information
submitted to the commissioner for a license to operate an alkaline hydrolysis
facility is classified as licensing data under section 13.41, subdivision 5.
Sec. 75. [149A.55]
RENEWAL OF LICENSE TO OPERATE AN ALKALINE HYDROLYSIS FACILITY.
Subdivision 1. Renewal
required. All licenses to
operate an alkaline hydrolysis facility issued by the commissioner expire on
June 30 following the date of issuance of the license and must be renewed to
remain valid.
Subd. 2. Renewal
procedure and documentation. Licensees
who wish to renew their licenses must submit to the commissioner a completed
renewal application no later than June 30 following the date the license was
issued. A completed renewal application
includes:
(1) a completed renewal application
form, as provided by the commissioner; and
(2) proof of liability insurance
coverage or other financial documentation, as determined by the commissioner,
that demonstrates the applicant's ability to respond in damages for liability
arising from the ownership, maintenance, management, or operation of an
alkaline hydrolysis facility.
Upon receipt of the completed renewal application, the
commissioner shall review and verify the information. Upon completion of the verification process
and resolution of any deficiencies in the renewal application information, the
commissioner shall make a determination, based on all the information
available, to reissue or refuse to reissue the license. If the commissioner's determination is to
reissue the license, the applicant shall be notified and the license shall
issue and remain valid for a period prescribed on the license, but not to
exceed one calendar year from the date of issuance of the license. If the commissioner's determination is to
refuse to reissue the license, section 149A.09, subdivision 2, applies.
Subd. 3. Penalty
for late filing. Renewal
applications received after the expiration date of a license will result in the
assessment of a late filing penalty. The
late filing penalty must be paid before the reissuance of the license and
received by the commissioner no later than 31 calendar days after the
expiration date of the license.
Subd. 4. Lapse
of license. Licenses to
operate alkaline hydrolysis facilities shall automatically lapse when a
completed renewal application is not received by the commissioner within 31
calendar days after the expiration date of a license, or a late filing penalty
assessed under subdivision 3 is not received by the commissioner within 31
calendar days after the expiration of a license.
Subd. 5. Effect
of lapse of license. Upon the
lapse of a license, the person to whom the license was issued is no longer
licensed to operate an alkaline hydrolysis facility in Minnesota. The commissioner shall issue a cease and
desist order to prevent the lapsed license holder from operating an alkaline
hydrolysis facility in Minnesota and may pursue any additional lawful remedies
as justified by the case.
Subd. 6. Restoration
of lapsed license. The
commissioner may restore a lapsed license upon receipt and review of a
completed renewal application, receipt of the late filing penalty, and reinspection
of the premises, provided that the receipt is made within one calendar year
from the expiration date of the lapsed license and the cease and desist order
issued by the commissioner has not been violated. If a lapsed license is not restored within
one calendar year from the expiration date of the lapsed license, the holder of
the lapsed license cannot be relicensed until the requirements in section
149A.54 are met.
Subd. 7. Reporting
changes in license information. Any
change of license information must be reported to the commissioner, on forms
provided by the commissioner, no later than 30 calendar days after the change
occurs. Failure to report changes is
grounds for disciplinary action.
Subd. 8. Application
information. All information
submitted to the commissioner by an applicant for renewal of licensure to operate an alkaline hydrolysis
facility is classified as licensing data under section 13.41, subdivision 5.
Sec. 76. Minnesota Statutes 2012, section 149A.65, is amended by adding a subdivision to read:
Subd. 6. Alkaline
hydrolysis facilities. The
initial and renewal fee for an alkaline hydrolysis facility is $300. The late fee charge for a license renewal is
$25.
Sec. 77. Minnesota Statutes 2012, section 149A.65, is amended by adding a subdivision to read:
Subd. 7. State
government special revenue fund. Fees
collected by the commissioner under this section must be deposited in the state
treasury and credited to the state government special revenue fund.
Sec. 78. Minnesota Statutes 2012, section 149A.70, subdivision 1, is amended to read:
Subdivision 1. Use of titles. Only a person holding a valid license to practice mortuary science issued by the commissioner may use the title of mortician, funeral director, or any other title implying that the licensee is engaged in the business or practice of mortuary science. Only the holder of a valid license to operate an alkaline hydrolysis facility issued by the commissioner may use the title of alkaline hydrolysis facility, water cremation, water-reduction, biocremation, green-cremation, resomation, dissolution, or any other title, word, or term implying that the licensee operates an alkaline hydrolysis facility. Only the holder of a valid license to operate a funeral establishment issued by the commissioner may use the title of funeral home, funeral chapel, funeral service, or any other title, word, or term implying that the licensee is engaged in the business or practice of mortuary science. Only the holder of a valid license to operate a crematory issued by the commissioner may use the title of crematory, crematorium, green-cremation, or any other title, word, or term implying that the licensee operates a crematory or crematorium.
Sec. 79. Minnesota Statutes 2012, section 149A.70, subdivision 2, is amended to read:
Subd. 2. Business location. A funeral establishment, alkaline hydrolysis facility, or crematory shall not do business in a location that is not licensed as a funeral establishment, alkaline hydrolysis facility, or crematory and shall not advertise a service that is available from an unlicensed location.
Sec. 80. Minnesota Statutes 2012, section 149A.70, subdivision 3, is amended to read:
Subd. 3. Advertising. No licensee, clinical student, practicum student, or intern shall publish or disseminate false, misleading, or deceptive advertising. False, misleading, or deceptive advertising includes, but is not limited to:
(1) identifying, by using the names or pictures of, persons who are not licensed to practice mortuary science in a way that leads the public to believe that those persons will provide mortuary science services;
(2) using any name other than the names under which the funeral establishment, alkaline hydrolysis facility, or crematory is known to or licensed by the commissioner;
(3) using a surname not directly, actively, or presently associated with a licensed funeral establishment, alkaline hydrolysis facility, or crematory, unless the surname had been previously and continuously used by the licensed funeral establishment, alkaline hydrolysis facility, or crematory; and
(4) using a founding or
establishing date or total years of service not directly or continuously
related to a name under which the funeral establishment, alkaline hydrolysis
facility, or crematory is currently or was previously licensed.
Any advertising or other printed material that contains the names or pictures of persons affiliated with a funeral establishment, alkaline hydrolysis facility, or crematory shall state the position held by the persons and shall identify each person who is licensed or unlicensed under this chapter.
Sec. 81. Minnesota Statutes 2012, section 149A.70, subdivision 5, is amended to read:
Subd. 5. Reimbursement prohibited. No licensee, clinical student, practicum student, or intern shall offer, solicit, or accept a commission, fee, bonus, rebate, or other reimbursement in consideration for recommending or causing a dead human body to be disposed of by a specific body donation program, funeral establishment, alkaline hydrolysis facility, crematory, mausoleum, or cemetery.
Sec. 82. Minnesota Statutes 2012, section 149A.71, subdivision 2, is amended to read:
Subd. 2. Preventive requirements. (a) To prevent unfair or deceptive acts or practices, the requirements of this subdivision must be met.
(b) Funeral providers must tell persons who ask by telephone about the funeral provider's offerings or prices any accurate information from the price lists described in paragraphs (c) to (e) and any other readily available information that reasonably answers the questions asked.
(c)
Funeral providers must make available for viewing to people who inquire in
person about the offerings or prices of funeral goods or burial site goods,
separate printed or typewritten price lists using a ten-point font or
larger. Each funeral provider must have
a separate price list for each of the following types of goods that are sold or
offered for sale:
(1) caskets;
(2) alternative containers;
(3) outer burial containers;
(4) alkaline hydrolysis containers;
(4) (5) cremation containers;
(6) hydrolyzed remains containers;
(5) (7) cremated remains
containers;
(6) (8) markers; and
(7) (9) headstones.
(d) Each separate price list must contain
the name of the funeral provider's place of business, address, and telephone
number and a caption describing the list as a price list for one of the types
of funeral goods or burial site goods described in paragraph (c), clauses (1)
to (7) (9). The funeral
provider must offer the list upon beginning discussion of, but in any event
before showing, the specific funeral goods or burial site goods and must
provide a photocopy of the price list, for retention, if so asked by the
consumer. The list must contain, at
least, the retail prices of all the specific funeral goods and burial site
goods offered which do not require special ordering, enough
information to identify each, and the effective date for the price list. However, funeral providers are not required to make a specific price list available if the funeral providers place the information required by this paragraph on the general price list described in paragraph (e).
(e) Funeral providers must give a printed price list, for retention, to persons who inquire in person about the funeral goods, funeral services, burial site goods, or burial site services or prices offered by the funeral provider. The funeral provider must give the list upon beginning discussion of either the prices of or the overall type of funeral service or disposition or specific funeral goods, funeral services, burial site goods, or burial site services offered by the provider. This requirement applies whether the discussion takes place in the funeral establishment or elsewhere. However, when the deceased is removed for transportation to the funeral establishment, an in-person request for authorization to embalm does not, by itself, trigger the requirement to offer the general price list. If the provider, in making an in-person request for authorization to embalm, discloses that embalming is not required by law except in certain special cases, the provider is not required to offer the general price list. Any other discussion during that time about prices or the selection of funeral goods, funeral services, burial site goods, or burial site services triggers the requirement to give the consumer a general price list. The general price list must contain the following information:
(1) the name, address, and telephone number of the funeral provider's place of business;
(2) a caption describing the list as a "general price list";
(3) the effective date for the price list;
(4) the retail prices, in any order, expressed either as a flat fee or as the prices per hour, mile, or other unit of computation, and other information described as follows:
(i) forwarding of remains to another funeral establishment, together with a list of the services provided for any quoted price;
(ii) receiving remains from another funeral establishment, together with a list of the services provided for any quoted price;
(iii) separate prices for each alkaline hydrolysis or cremation offered by the funeral provider, with the price including an alternative container or alkaline hydrolysis or cremation container, any alkaline hydrolysis or crematory charges, and a description of the services and container included in the price, where applicable, and the price of alkaline hydrolysis or cremation where the purchaser provides the container;
(iv) separate prices for each immediate burial offered by the funeral provider, including a casket or alternative container, and a description of the services and container included in that price, and the price of immediate burial where the purchaser provides the casket or alternative container;
(v) transfer of remains to the funeral establishment or other location;
(vi) embalming;
(vii) other preparation of the body;
(viii) use of facilities, equipment, or staff for viewing;
(ix) use of facilities, equipment, or staff for funeral ceremony;
(x) use of facilities, equipment, or staff for memorial service;
(xi) use of equipment or staff for graveside service;
(xii) hearse or funeral coach;
(xiii) limousine; and
(xiv) separate prices for all cemetery-specific goods and services, including all goods and services associated with interment and burial site goods and services and excluding markers and headstones;
(5) the price range for the caskets offered by the funeral provider, together with the statement "A complete price list will be provided at the funeral establishment or casket sale location." or the prices of individual caskets, as disclosed in the manner described in paragraphs (c) and (d);
(6) the price range for the alternative containers offered by the funeral provider, together with the statement "A complete price list will be provided at the funeral establishment or alternative container sale location." or the prices of individual alternative containers, as disclosed in the manner described in paragraphs (c) and (d);
(7) the price range for the outer burial containers offered by the funeral provider, together with the statement "A complete price list will be provided at the funeral establishment or outer burial container sale location." or the prices of individual outer burial containers, as disclosed in the manner described in paragraphs (c) and (d);
(8) the price range for the alkaline
hydrolysis container offered by the funeral provider, together with the
statement: "A complete price list
will be provided at the funeral establishment or alkaline hydrolysis container
sale location.", or the prices of individual alkaline hydrolysis
containers, as disclosed in the manner described in paragraphs (c) and (d);
(9) the price range for the hydrolyzed
remains container offered by the funeral provider, together with the statement: "A complete price list will be provided
at the funeral establishment or hydrolyzed remains container sale location.",
or the prices of individual hydrolyzed remains container, as disclosed in the
manner described in paragraphs (c) and (d);
(8) (10) the price range for
the cremation containers offered by the funeral provider, together with the
statement "A complete price list will be provided at the funeral
establishment or cremation container sale location." or the prices of
individual cremation containers and cremated remains containers, as
disclosed in the manner described in paragraphs (c) and (d);
(9) (11) the price range for
the cremated remains containers offered by the funeral provider, together with
the statement, "A complete price list will be provided at the funeral
establishment or cremation cremated remains container sale
location," or the prices of individual cremation containers as disclosed
in the manner described in paragraphs (c) and (d);
(10) (12) the price for the
basic services of funeral provider and staff, together with a list of the
principal basic services provided for any quoted price and, if the charge
cannot be declined by the purchaser, the statement "This fee for our basic
services will be added to the total cost of the funeral arrangements you select. (This fee is already included in our charges
for alkaline hydrolysis, direct cremations, immediate burials, and
forwarding or receiving remains.)" If the charge cannot be declined by the
purchaser, the quoted price shall include all charges for the recovery of
unallocated funeral provider overhead, and funeral providers may include in the
required disclosure the phrase "and overhead" after the word
"services." This services fee
is the only funeral provider fee for services, facilities, or unallocated overhead permitted by this subdivision to be
nondeclinable, unless otherwise required by law;
(11) (13) the price range for the markers and headstones offered by the funeral provider, together with the statement "A complete price list will be provided at the funeral establishment or marker or headstone sale location." or the prices of individual markers and headstones, as disclosed in the manner described in paragraphs (c) and (d); and
(12) (14) any package priced
funerals offered must be listed in addition to and following the information
required in paragraph (e) and must clearly state the funeral goods and services
being offered, the price being charged for those goods and services, and the
discounted savings.
(f) Funeral providers must give an itemized written statement, for retention, to each consumer who arranges an at-need funeral or other disposition of human remains at the conclusion of the discussion of the arrangements. The itemized written statement must be signed by the consumer selecting the goods and services as required in section 149A.80. If the statement is provided by a funeral establishment, the statement must be signed by the licensed funeral director or mortician planning the arrangements. If the statement is provided by any other funeral provider, the statement must be signed by an authorized agent of the funeral provider. The statement must list the funeral goods, funeral services, burial site goods, or burial site services selected by that consumer and the prices to be paid for each item, specifically itemized cash advance items (these prices must be given to the extent then known or reasonably ascertainable if the prices are not known or reasonably ascertainable, a good faith estimate shall be given and a written statement of the actual charges shall be provided before the final bill is paid), and the total cost of goods and services selected. At the conclusion of an at-need arrangement, the funeral provider is required to give the consumer a copy of the signed itemized written contract that must contain the information required in this paragraph.
(g) Upon receiving actual notice of the death of an individual with whom a funeral provider has entered a preneed funeral agreement, the funeral provider must provide a copy of all preneed funeral agreement documents to the person who controls final disposition of the human remains or to the designee of the person controlling disposition. The person controlling final disposition shall be provided with these documents at the time of the person's first in-person contact with the funeral provider, if the first contact occurs in person at a funeral establishment, alkaline hydrolysis facility, crematory, or other place of business of the funeral provider. If the contact occurs by other means or at another location, the documents must be provided within 24 hours of the first contact.
Sec. 83. Minnesota Statutes 2012, section 149A.71, subdivision 4, is amended to read:
Subd. 4. Casket,
alternate container, alkaline hydrolysis container, and cremation
container sales; records; required disclosures.
Any funeral provider who sells or offers to sell a casket, alternate
container, or alkaline hydrolysis container, hydrolyzed remains
container, cremation container, or cremated remains container to the public
must maintain a record of each sale that includes the name of the purchaser,
the purchaser's mailing address, the name of the decedent, the date of the
decedent's death, and the place of death.
These records shall be open to inspection by the regulatory agency. Any funeral provider selling a casket,
alternate container, or cremation container to the public, and not having
charge of the final disposition of the dead human body, shall provide a copy of
the statutes and rules controlling the removal, preparation, transportation,
arrangements for disposition, and final disposition of a dead human body. This subdivision does not apply to
morticians, funeral directors, funeral establishments, crematories, or
wholesale distributors of caskets, alternate containers, alkaline hydrolysis
containers, or cremation containers.
Sec. 84. Minnesota Statutes 2012, section 149A.72, subdivision 3, is amended to read:
Subd. 3. Casket for alkaline hydrolysis or cremation provisions; deceptive acts or practices. In selling or offering to sell funeral goods or funeral services to the public, it is a deceptive act or practice for a funeral provider to represent that a casket is required for alkaline hydrolysis or cremations by state or local law or otherwise.
Sec. 85. Minnesota Statutes 2012, section 149A.72, is amended by adding a subdivision to read:
Subd. 3a. Casket
for alkaline hydrolysis provision; preventive measures. To prevent deceptive acts or
practices, funeral providers must place the following disclosure in immediate
conjunction with the prices shown for alkaline hydrolysis: "Minnesota law does not require you to
purchase a casket for alkaline hydrolysis.
If you want to arrange for alkaline hydrolysis, you can use an alkaline
hydrolysis container. An alkaline
hydrolysis container is a hydrolyzable or biodegradable closed container or
pouch resistant to leakage of bodily fluids that encases the body and into
which a dead human body is placed prior to insertion into an alkaline
hydrolysis vessel. The containers we
provide are (specify containers provided)." This disclosure is required
only if the funeral provider arranges alkaline hydrolysis.
Sec. 86. Minnesota Statutes 2012, section 149A.72, subdivision 9, is amended to read:
Subd. 9. Deceptive acts or practices. In selling or offering to sell funeral goods, funeral services, burial site goods, or burial site services to the public, it is a deceptive act or practice for a funeral provider to represent that federal, state, or local laws, or particular cemeteries, alkaline hydrolysis facilities, or crematories, require the purchase of any funeral goods, funeral services, burial site goods, or burial site services when that is not the case.
Sec. 87. Minnesota Statutes 2012, section 149A.73, subdivision 1, is amended to read:
Subdivision 1. Casket for alkaline hydrolysis or cremation provisions; deceptive acts or practices. In selling or offering to sell funeral goods, funeral services, burial site goods, or burial site services to the public, it is a deceptive act or practice for a funeral provider to require that a casket be purchased for alkaline hydrolysis or cremation.
Sec. 88. Minnesota Statutes 2012, section 149A.73, subdivision 2, is amended to read:
Subd. 2. Casket
for alkaline hydrolysis or cremation; preventive requirements. To prevent unfair or deceptive acts or
practices, if funeral providers arrange for alkaline hydrolysis or
cremations, they must make a an alkaline hydrolysis container or
cremation container available for alkaline hydrolysis or cremations.
Sec. 89. Minnesota Statutes 2012, section 149A.73, subdivision 4, is amended to read:
Subd. 4. Required purchases of funeral goods or services; preventive requirements. To prevent unfair or deceptive acts or practices, funeral providers must place the following disclosure in the general price list, immediately above the prices required by section 149A.71, subdivision 2, paragraph (e), clauses (4) to (10): "The goods and services shown below are those we can provide to our customers. You may choose only the items you desire. If legal or other requirements mean that you must buy any items you did not specifically ask for, we will explain the reason in writing on the statement we provide describing the funeral goods, funeral services, burial site goods, and burial site services you selected." However, if the charge for "services of funeral director and staff" cannot be declined by the purchaser, the statement shall include the sentence "However, any funeral arrangements you select will include a charge for our basic services." between the second and third sentences of the sentences specified in this subdivision. The statement may include the phrase "and overhead" after the word "services" if the fee includes a charge for the recovery of unallocated funeral overhead. If the funeral provider does not include this disclosure statement, then the following disclosure statement must be placed in the statement of funeral goods, funeral services, burial site goods, and burial site services selected, as described in section 149A.71, subdivision 2, paragraph (f): "Charges are only for those items that you selected or that are required. If we are required by law or by a cemetery, alkaline hydrolysis facility, or crematory to use any items, we will explain the reasons in writing below." A funeral provider is not in violation of this subdivision by failing to comply with a request for a combination of goods or services which would be impossible, impractical, or excessively burdensome to provide.
Sec. 90. Minnesota Statutes 2012, section 149A.74, is amended to read:
149A.74
FUNERAL SERVICES PROVIDED WITHOUT PRIOR APPROVAL.
Subdivision 1. Services provided without prior approval; deceptive acts or practices. In selling or offering to sell funeral goods or funeral services to the public, it is a deceptive act or practice for any funeral provider to embalm a dead human body unless state or local law or regulation requires embalming in the particular circumstances regardless of any funeral choice which might be made, or prior approval for embalming has been obtained from an individual legally authorized to make such a decision. In seeking approval to embalm, the funeral provider must disclose that embalming is not required by law except in certain circumstances; that a fee will be charged if a funeral is selected which requires embalming, such as a funeral with viewing; and that no embalming fee will be charged if the family selects a service which does not require embalming, such as direct alkaline hydrolysis, direct cremation, or immediate burial.
Subd. 2. Services provided without prior approval; preventive requirement. To prevent unfair or deceptive acts or practices, funeral providers must include on the itemized statement of funeral goods or services, as described in section 149A.71, subdivision 2, paragraph (f), the statement "If you selected a funeral that may require embalming, such as a funeral with viewing, you may have to pay for embalming. You do not have to pay for embalming you did not approve if you selected arrangements such as direct alkaline hydrolysis, direct cremation, or immediate burial. If we charged for embalming, we will explain why below."
Sec. 91. Minnesota Statutes 2012, section 149A.91, subdivision 9, is amended to read:
Subd. 9. Embalmed
Bodies awaiting final disposition.
All embalmed bodies awaiting final disposition shall be kept
in an appropriate holding facility or preparation and embalming room. The holding facility must be secure from
access by anyone except the authorized personnel of the funeral establishment,
preserve the dignity and integrity of the body, and protect the health and
safety of the personnel of the funeral establishment.
Sec. 92. Minnesota Statutes 2012, section 149A.93, subdivision 3, is amended to read:
Subd. 3. Disposition permit. A disposition permit is required before a body can be buried, entombed, alkaline hydrolyzed, or cremated. No disposition permit shall be issued until a fact of death record has been completed and filed with the local or state registrar of vital statistics.
Sec. 93. Minnesota Statutes 2012, section 149A.93, subdivision 6, is amended to read:
Subd. 6. Conveyances permitted for transportation. A dead human body may be transported by means of private vehicle or private aircraft, provided that the body must be encased in an appropriate container, that meets the following standards:
(1) promotes respect for and preserves the dignity of the dead human body;
(2) shields the body from being viewed from outside of the conveyance;
(3) has ample enclosed area to accommodate a cot, stretcher, rigid tray, casket, alternative container, alkaline hydrolysis container, or cremation container in a horizontal position;
(4) is designed to permit loading and unloading of the body without excessive tilting of the cot, stretcher, rigid tray, casket, alternative container, alkaline hydrolysis container, or cremation container; and
(5) if used for the transportation of more than one dead human body at one time, the vehicle must be designed so that a body or container does not rest directly on top of another body or container and that each body or container is secured to prevent the body or container from excessive movement within the conveyance.
A vehicle that is a dignified conveyance and was specified for use by the deceased or by the family of the deceased may be used to transport the body to the place of final disposition.
Sec. 94. Minnesota Statutes 2012, section 149A.94, is amended to read:
149A.94
FINAL DISPOSITION.
Subdivision 1. Generally. Every dead human body lying within the
state, except unclaimed bodies delivered for dissection by the medical
examiner, those delivered for anatomical study pursuant to section 149A.81,
subdivision 2, or lawfully carried through the state for the purpose of disposition
elsewhere; and the remains of any dead human body after dissection or
anatomical study, shall be decently buried, or entombed in a
public or private cemetery, alkaline hydrolyzed or cremated, within
a reasonable time after death. Where
final disposition of a body will not be accomplished within 72 hours following
death or release of the body by a competent authority with jurisdiction over
the body, the body must be properly embalmed, refrigerated, or packed with dry
ice. A body may not be kept in refrigeration
for a period exceeding six calendar days, or packed in dry ice for a period
that exceeds four calendar days, from the time of death or release of the body
from the coroner or medical examiner.
Subd. 3. Permit required. No dead human body shall be buried, entombed, or cremated without a disposition permit. The disposition permit must be filed with the person in charge of the place of final disposition. Where a dead human body will be transported out of this state for final disposition, the body must be accompanied by a certificate of removal.
Subd. 4. Alkaline hydrolysis or cremation. Inurnment of alkaline hydrolyzed or cremated remains and release to an appropriate party is considered final disposition and no further permits or authorizations are required for transportation, interment, entombment, or placement of the cremated remains, except as provided in section 149A.95, subdivision 16.
Sec. 95. [149A.941]
ALKALINE HYDROLYSIS FACILITIES AND ALKALINE HYDROLYSIS.
Subdivision 1. License
required. A dead human body
may only be hydrolyzed in this state at an alkaline hydrolysis facility
licensed by the commissioner of health.
Subd. 2. General
requirements. Any building to
be used as an alkaline hydrolysis facility must comply with all applicable
local and state building codes, zoning laws and ordinances, wastewater
management regulations, and environmental statutes, rules, and standards. An alkaline hydrolysis facility must have, on
site, a purpose built human alkaline hydrolysis system approved by the
commissioner of health, a system approved by the commissioner of health for
drying the hydrolyzed remains, a motorized mechanical device approved by the
commissioner of health for processing hydrolyzed remains, and in the building a
holding facility approved by the commissioner of health for the retention of
dead human bodies awaiting alkaline hydrolysis.
The holding facility must be secure from access by anyone except the
authorized personnel of the alkaline hydrolysis facility, preserve the dignity
of the remains, and protect the health and safety of the alkaline hydrolysis
facility personnel.
Subd. 3. Lighting
and ventilation. The room
where the alkaline hydrolysis vessel is located and the room where the chemical
storage takes place shall be properly lit and ventilated with an exhaust fan
that provides at least 12 air changes per hour.
Subd. 4. Plumbing
connections. All plumbing
fixtures, water supply lines, plumbing vents, and waste drains shall be
properly vented and connected pursuant to the Minnesota Plumbing Code. The alkaline hydrolysis facility shall be
equipped with a functional sink with hot and cold running water.
Subd. 5. Flooring,
walls, ceiling, doors, and windows. The
room where the alkaline hydrolysis vessel is located and the room where the
chemical storage takes place shall have nonporous flooring, so that a sanitary
condition is provided. The walls and
ceiling of the room where the alkaline hydrolysis vessel is located and the
room where the chemical storage takes place shall run from floor to ceiling and
be covered with tile, or by plaster or sheetrock painted with washable paint or
other appropriate material so that a sanitary condition is provided. The doors, walls, ceiling, and windows shall
be constructed to prevent odors from entering any other part of the building. All windows or other openings to the outside
must be screened, and all windows must be treated in a manner that prevents
viewing into the room where the alkaline hydrolysis vessel is located and the
room where the chemical storage takes place.
A viewing window for authorized family members or their designees is not
a violation of this subdivision.
Subd. 6. Equipment
and supplies. The alkaline
hydrolysis facility must have a functional emergency eye wash and quick drench
shower.
Subd. 7. Access
and privacy. (a) The room
where the alkaline hydrolysis vessel is located and the room where the chemical
storage takes place must be private and have no general passageway through it. The room shall, at all times, be secure from
the entrance of unauthorized persons. Authorized
persons are:
(1) licensed morticians;
(2) registered interns or students as
described in section 149A.91, subdivision 6;
(3) public officials or representatives in the discharge of their official duties;
(4) trained alkaline hydrolysis facility
operators; and
(5) the person or persons with the right
to control the dead human body as defined in section 149A.80, subdivision 2,
and their designees.
(b) Each door allowing ingress or egress
shall carry a sign that indicates that the room is private and access is
limited. All authorized persons who are
present in or enter the room where the alkaline hydrolysis vessel is located
while a body is being prepared for final disposition must be attired according
to all applicable state and federal regulations regarding the control of
infectious disease and occupational and workplace health and safety.
Subd. 8. Sanitary conditions and permitted use. The room where the alkaline hydrolysis
vessel is located and the room where the chemical storage takes place and all
fixtures, equipment, instruments, receptacles, clothing, and other appliances
or supplies stored or used in the room must be maintained in a clean and
sanitary condition at all times.
Subd. 9. Boiler
use. When a boiler is
required by the manufacturer of the alkaline hydrolysis vessel for its
operation, all state and local regulations for that boiler must be followed.
Subd. 10. Occupational
and workplace safety. All
applicable provisions of state and federal regulations regarding exposure to
workplace hazards and accidents shall be followed in order to protect the
health and safety of all authorized persons at the alkaline hydrolysis
facility.
Subd. 11. Licensed
personnel. A licensed
alkaline hydrolysis facility must employ a licensed mortician to carry out the
process of alkaline hydrolysis of a dead human body. It is the duty of the licensed alkaline
hydrolysis facility to provide proper procedures for all personnel, and the
licensed alkaline hydrolysis facility shall be strictly accountable for
compliance with this chapter and other applicable state and federal regulations
regarding occupational and workplace health and safety.
Subd. 12. Authorization
to hydrolyze required. No
alkaline hydrolysis facility shall hydrolyze or cause to be hydrolyzed any dead
human body or identifiable body part without receiving written authorization to
do so from the person or persons who have the legal right to control disposition
as described in section 149A.80 or the person's legal designee. The written authorization must include:
(1) the name of the deceased and the
date of death of the deceased;
(2) a statement authorizing the
alkaline hydrolysis facility to hydrolyze the body;
(3) the name, address, telephone
number, relationship to the deceased, and signature of the person or persons
with legal right to control final disposition or a legal designee;
(4)
directions for the disposition of any nonhydrolyzed materials or items
recovered from the alkaline hydrolysis vessel;
(5) acknowledgment that the hydrolyzed
remains will be dried and mechanically reduced to a granulated appearance and
placed in an appropriate container and authorization to place any hydrolyzed
remains that a selected urn or container will not accommodate into a temporary
container;
(6) acknowledgment that, even
with the exercise of reasonable care, it is not possible to recover all
particles of the hydrolyzed remains and that some particles may inadvertently
become commingled with particles of other hydrolyzed remains that remain in the
alkaline hydrolysis vessel or other mechanical devices used to process the
hydrolyzed remains;
(7) directions for the ultimate
disposition of the hydrolyzed remains; and
(8) a statement that includes, but is
not limited to, the following information:
"During the alkaline hydrolysis process, chemical dissolution using
heat, water, and an alkaline solution is used to chemically break down the
human tissue and the hydrolyzable alkaline hydrolysis container. After the process is complete, the liquid
effluent solution contains the chemical by-products of the alkaline hydrolysis
process except for the deceased's bone fragments. The solution is cooled and released according
to local environmental regulations. A
water rinse is applied to the hydrolyzed remains which are then dried and
processed to facilitate inurnment or scattering."
Subd. 13. Limitation
of liability. A licensed
alkaline hydrolysis facility acting in good faith, with reasonable reliance
upon an authorization to hydrolyze, pursuant to an authorization to hydrolyze
and in an otherwise lawful manner, shall be held harmless from civil liability
and criminal prosecution for any actions taken by the alkaline hydrolysis
facility.
Subd. 14. Acceptance
of delivery of body. (a) No
dead human body shall be accepted for final disposition by alkaline hydrolysis
unless:
(1) encased in an appropriate alkaline
hydrolysis container;
(2) accompanied by a disposition permit
issued pursuant to section 149A.93, subdivision 3, including a photocopy of the
completed death record or a signed release authorizing alkaline hydrolysis of
the body received from the coroner or medical examiner; and
(3) accompanied by an alkaline hydrolysis
authorization that complies with subdivision 12.
(b) An
alkaline hydrolysis facility shall refuse to accept delivery of an alkaline
hydrolysis container where there is:
(1) evidence of leakage of fluids from
the alkaline hydrolysis container;
(2) a known dispute concerning
hydrolysis of the body delivered;
(3)
a reasonable basis for questioning any of the representations made on the
written authorization to hydrolyze; or
(4) any other lawful reason.
Subd. 15. Bodies
awaiting hydrolysis. A dead
human body must be hydrolyzed within 24 hours of the alkaline hydrolysis
facility accepting legal and physical custody of the body.
Subd. 16. Handling
of alkaline hydrolysis containers for dead human bodies. All alkaline hydrolysis facility
employees handling alkaline hydrolysis containers for dead human bodies shall
use universal precautions and otherwise exercise all reasonable precautions to
minimize the risk of transmitting any communicable disease from the body. No dead human body shall be removed from the
container in which it is delivered.
Subd. 17. Identification
of body. All licensed
alkaline hydrolysis facilities shall develop, implement, and maintain an
identification procedure whereby dead human bodies can be identified from the
time the alkaline hydrolysis facility accepts delivery of the remains until the
hydrolyzed remains are released to an authorized party. After hydrolyzation, an identifying disk,
tab, or other permanent label shall be placed within the hydrolyzed remains
container before the hydrolyzed remains are released from the alkaline
hydrolysis facility. Each identification
disk, tab, or label shall have a number that shall be recorded on all paperwork
regarding the decedent. This procedure
shall be designed to reasonably ensure that the proper body is hydrolyzed and
that the hydrolyzed remains are returned to the appropriate party. Loss of all or part of the hydrolyzed remains
or the inability to individually identify the hydrolyzed remains is a violation
of this subdivision.
Subd. 18. Alkaline
hydrolysis vessel for human remains.
A licensed alkaline hydrolysis facility shall knowingly hydrolyze
only dead human bodies or human remains in an alkaline hydrolysis vessel, along
with the alkaline hydrolysis container used for infectious disease control.
Subd. 19. Alkaline
hydrolysis procedures; privacy. The
final disposition of dead human bodies by alkaline hydrolysis shall be done in
privacy. Unless there is written
authorization from the person with the legal right to control the disposition,
only authorized alkaline hydrolysis facility personnel shall be permitted in
the alkaline hydrolysis area while any dead human body is in the alkaline
hydrolysis area awaiting alkaline hydrolysis, in the alkaline hydrolysis vessel,
being removed from the alkaline hydrolysis vessel, or being processed and
placed in a hydrolyzed remains container.
Subd. 20. Alkaline
hydrolysis procedures; commingling of hydrolyzed remains prohibited. Except with the express written
permission of the person with the legal right to control the disposition, no
alkaline hydrolysis facility shall hydrolyze more than one dead human body at
the same time and in the same alkaline hydrolysis vessel, or introduce a second
dead human body into an alkaline hydrolysis vessel until reasonable efforts
have been employed to remove all fragments of the preceding hydrolyzed remains,
or hydrolyze a dead human body and other human remains at the same time and in
the same alkaline hydrolysis vessel. This
section does not apply where commingling of human remains during alkaline
hydrolysis is otherwise provided by law.
The fact that there is incidental and unavoidable residue in the
alkaline hydrolysis vessel used in a prior hydrolyzation is not a violation of
this subdivision.
Subd. 21. Alkaline
hydrolysis procedures; removal from alkaline hydrolysis vessel. Upon completion of the alkaline
hydrolysis process, reasonable efforts shall be made to remove from the
alkaline hydrolysis vessel all of the recoverable hydrolyzed remains and
nonhydrolyzed materials or items. Further,
all reasonable efforts shall be made to separate and recover the nonhydrolyzed
materials or items from the hydrolyzed human remains and dispose of these
materials in a lawful manner, by the alkaline hydrolysis facility. The hydrolyzed human remains shall be placed
in an appropriate container to be transported to the processing area.
Subd. 22. Drying
device or mechanical processor procedures; commingling of hydrolyzed remains
prohibited. Except with the
express written permission of the person with the legal right to control the
final disposition or otherwise provided by law, no alkaline hydrolysis facility
shall dry or mechanically process the hydrolyzed human remains of more than one
body at a time in the same drying device or mechanical processor, or introduce
the hydrolyzed human remains of a second body into a drying device or
mechanical processor until processing of any preceding hydrolyzed human remains
has been terminated and reasonable efforts have been employed to remove all
fragments of the preceding hydrolyzed remains.
The fact that there is incidental and unavoidable residue in the drying
device, the mechanical processor, or any container used in a prior alkaline
hydrolysis process, is not a violation of this provision.
Subd. 23. Alkaline
hydrolysis procedures; processing hydrolyzed remains. The hydrolyzed human remains shall be
dried and then reduced by a motorized mechanical device to a granulated
appearance appropriate for final disposition and placed in an alkaline
hydrolysis remains container along with the appropriate identifying disk, tab,
or permanent label. Processing must take
place within the licensed alkaline hydrolysis facility. Dental gold, silver or amalgam, jewelry, or
mementos, to the extent that they can be identified, may be removed prior to
processing the hydrolyzed remains, only by staff licensed or registered by the
commissioner of health; however, any dental gold and silver, jewelry, or
mementos that are removed shall be returned to the hydrolyzed remains container
unless otherwise directed by the person or persons having the right to control
the final disposition. Every person who
removes or possesses dental gold or silver, jewelry, or mementos from any
hydrolyzed remains without specific written permission of the person or persons
having the right to control those remains is guilty of a misdemeanor. The fact that residue and any unavoidable
dental gold or dental silver, or other precious metals remain in the alkaline
hydrolysis vessel or other equipment or any container used in a prior
hydrolysis is not a violation of this section.
Subd. 24. Alkaline
hydrolysis procedures; container of insufficient capacity. If a hydrolyzed remains container is
of insufficient capacity to accommodate all hydrolyzed remains of a given dead
human body, subject to directives provided in the written authorization to
hydrolyze, the alkaline hydrolysis facility shall place the excess hydrolyzed
remains in a secondary alkaline hydrolysis remains container and attach the
second container, in a manner so as not to be easily detached through
incidental contact, to the primary alkaline hydrolysis remains container. The secondary container shall contain a
duplicate of the identification disk, tab, or permanent label that was placed
in the primary container and all paperwork regarding the given body shall
include a notation that the hydrolyzed remains were placed in two containers. Keepsake jewelry or similar miniature
hydrolyzed remains containers are not subject to the requirements of this
subdivision.
Subd. 25. Disposition
procedures; commingling of hydrolyzed remains prohibited. No hydrolyzed remains shall be
disposed of or scattered in a manner or in a location where the hydrolyzed
remains are commingled with those of another person without the express written
permission of the person with the legal right to control disposition or as
otherwise provided by law. This
subdivision does not apply to the scattering or burial of hydrolyzed remains at
sea or in a body of water from individual containers, to the scattering or
burial of hydrolyzed remains in a dedicated cemetery, to the disposal in a
dedicated cemetery of accumulated residue removed from an alkaline hydrolysis
vessel or other alkaline hydrolysis equipment, to the inurnment of members of
the same family in a common container designed for the hydrolyzed remains of
more than one body, or to the inurnment in a container or interment in a space
that has been previously designated, at the time of sale or purchase, as being
intended for the inurnment or interment of the hydrolyzed remains of more than
one person.
Subd. 26. Alkaline
hydrolysis procedures; disposition of accumulated residue. Every alkaline hydrolysis facility
shall provide for the removal and disposition in a dedicated cemetery of any
accumulated residue from any alkaline hydrolysis vessel, drying device,
mechanical processor, container, or other equipment used in alkaline hydrolysis. Disposition of accumulated residue shall be
according to the regulations of the dedicated cemetery and any applicable local
ordinances.
Subd. 27. Alkaline
hydrolysis procedures; release of hydrolyzed remains. Following completion of the
hydrolyzation, the inurned hydrolyzed remains shall be released according to
the instructions given on the written authorization to hydrolyze. If the hydrolyzed remains are to be shipped,
they must be securely packaged and transported by a method which has an
internal tracing system available and which provides for a receipt signed by
the person accepting delivery. Where
there is a dispute over release or disposition of the hydrolyzed remains, an
alkaline hydrolysis facility may deposit the hydrolyzed remains with a court of
competent jurisdiction pending resolution of the dispute or retain the
hydrolyzed remains until the person with the legal right to control disposition
presents satisfactory indication that the dispute is resolved.
Subd. 28. Unclaimed
hydrolyzed remains. If, after
30 calendar days following the inurnment, the hydrolyzed remains are not
claimed or disposed of according to the written authorization to hydrolyze, the
alkaline hydrolysis facility or funeral establishment may give written notice,
by certified mail, to the person with the legal right to control the final
disposition or a legal designee, that the hydrolyzed remains are unclaimed and
requesting further release directions. Should
the hydrolyzed remains be unclaimed 120 calendar days following the mailing of
the written notification, the alkaline hydrolysis facility or funeral
establishment may dispose of the hydrolyzed remains in any lawful manner deemed
appropriate.
Subd. 29. Required
records. Every alkaline
hydrolysis facility shall create and maintain on its premises or other business
location in Minnesota an accurate record of every hydrolyzation provided. The record shall include all of the following
information for each hydrolyzation:
(1) the name of the person or funeral
establishment delivering the body for alkaline hydrolysis;
(2) the name of the deceased and the
identification number assigned to the body;
(3) the date of acceptance of delivery;
(4) the names of the alkaline
hydrolysis vessel, drying device, and mechanical processor operator;
(5) the time and date that the body was
placed in and removed from the alkaline hydrolysis vessel;
(6) the time and date that processing
and inurnment of the hydrolyzed remains was completed;
(7) the time, date, and manner of
release of the hydrolyzed remains;
(8) the name and address of the person
who signed the authorization to hydrolyze;
(9) all supporting documentation,
including any transit or disposition permits, a photocopy of the death record,
and the authorization to hydrolyze; and
(10) the type of alkaline hydrolysis
container.
Subd. 30. Retention of records. Records required under subdivision 29
shall be maintained for a period of three calendar years after the release of
the hydrolyzed remains. Following this
period and subject to any other laws requiring retention of records, the
alkaline hydrolysis facility may then place the records in storage or reduce
them to microfilm, microfiche, laser disc, or any other method that can produce
an accurate reproduction of the original record, for retention for a period of
ten calendar years from the date of release of the hydrolyzed remains. At the end of this period and subject to any
other laws requiring retention of records, the alkaline hydrolysis facility may
destroy the records by shredding, incineration, or any other manner that
protects the privacy of the individuals identified.
Sec. 96. Minnesota Statutes 2012, section 149A.96, subdivision 9, is amended to read:
Subd. 9. Hydrolyzed
and cremated remains. Subject to
section 149A.95, subdivision 16, inurnment of the hydrolyzed or cremated
remains and release to an appropriate party is considered final disposition and
no further permits or authorizations are required for disinterment,
transportation, or placement of the hydrolyzed or cremated remains.
Sec. 97. Minnesota Statutes 2012, section 257.75, subdivision 7, is amended to read:
Subd. 7. Hospital
and Department of Health; 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,
shall assist parents in understanding the recognition of parentage form,
including following the provisions for notice under subdivision 5, shall
provide notary services for parents who complete the recognition of parentage
form, and shall timely file the completed recognition of parentage form with
the Office of the State Registrar of Vital Statistics Records
unless otherwise instructed by the Office of the State Registrar of
Vital Statistics Records. On
and after January 1, 1994, hospitals may not distribute the declaration of
parentage forms.
Sec. 98. Minnesota Statutes 2012, section 260C.635, subdivision 1, is amended to read:
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.
(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 Vital Records 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.
Sec. 99. Minnesota Statutes 2012, section 517.001, is amended to read:
517.001
DEFINITION.
As used in this chapter, "local
registrar" has the meaning given in section 144.212, subdivision 10
means an individual designated by the county board of commissioners to
register marriages.
Sec. 100. Laws 2011, First Special Session chapter 9, article 2, section 27, is amended to read:
Sec. 27. MINNESOTA
TASK FORCE ON PREMATURITY.
Subdivision 1. Establishment. The Minnesota Task Force on Prematurity is established to evaluate and make recommendations on methods for reducing prematurity and improving premature infant health care in the state.
Subd. 2. Membership; meetings; staff. (a) The task force shall be composed of at least the following members, who serve at the pleasure of their appointing authority:
(1) 15 11 representatives of
the Minnesota Prematurity Coalition including, but not limited to, health care
providers who treat pregnant women or neonates, organizations focused on
preterm births, early childhood education and development professionals, and
families affected by prematurity;
(2) one representative appointed by the commissioner of human services;
(3) two representatives appointed by the commissioner of health;
(4) one representative appointed by the commissioner of education;
(5) two members of the house of representatives, one appointed by the speaker of the house and one appointed by the minority leader; and
(6) two members of the senate, appointed according to the rules of the senate.
(b) Members of the task force serve without compensation or payment of expenses.
(c) The commissioner of health must convene the first meeting of the Minnesota Task Force on Prematurity by July 31, 2011. The task force must continue to meet at least quarterly. Staffing and technical assistance shall be provided by the Minnesota Perinatal Coalition.
Subd. 3. Duties. The task force must report the current
state of prematurity in Minnesota and develop recommendations on strategies for
reducing prematurity and improving premature infant health care in the state by
considering the following:
(1) promoting adherence to standards
of care for premature infants born less than 37 weeks gestational age,
including recommendations to improve utilization of appropriate
hospital discharge and follow-up care procedures;
(2) coordination of information among appropriate professional and advocacy organizations on measures to improve health care for infants born prematurely;
(3) identification and centralization of
available resources to improve access and awareness for caregivers of premature
infants; and
(4) development and dissemination of
evidence-based practices through networking and educational opportunities;
(5) a review of relevant evidence-based
research regarding the causes and effects of premature births in Minnesota;
(6) a review of relevant evidence-based
research regarding premature infant health care, including methods for
improving quality of and access to care for premature infants;
(7) (4) a review of
the potential improvements in health status related to the use of health care
homes to provide and coordinate pregnancy-related services; and.
(8)
identification of gaps in public reporting measures and possible effects of
these measures on prematurity rates.
Subd. 4. Report;
expiration. (a) By November 30,
2011 January 15, 2015, the task force must submit a final
report to the chairs and ranking minority members of the legislative policy
committees on health and human services on the current state of
prematurity in Minnesota to the chairs of the legislative policy committees
on health and human services, including any recommendations to reduce
premature births and improve premature infant health in the state.
(b) By January 15, 2013, the task force
must report its final recommendations, including any draft legislation
necessary for implementation, to the chairs of the legislative policy
committees on health and human services.
(c) (b) This task force expires
on January 31, 2013 2015, or upon submission of the final report
required in paragraph (b) (a), whichever is earlier.
Sec. 101. FUNERAL
ESTABLISHMENTS; BRANCH LOCATIONS.
The commissioner of health shall review
the statutory requirements for preparation and embalming rooms and develop
legislation with input from stakeholders that provides appropriate health and
safety protection for funeral home locations where deceased bodies are present,
but are branch locations associated through a majority ownership of a licensed
funeral establishment that meets the requirements of Minnesota Statutes,
sections 149A.50 and 149A.92, subdivisions 2 to 10. The review shall include consideration of
distance between the main location and branch, and other health and safety
issues.
Sec. 102. HEALTH
EQUITY REPORT.
By February 1, 2014, the commissioner
of health, in consultation with local public health, health care, and community
partners, must submit a report to the chairs and ranking minority members of
the committees with jurisdiction over health policy and finance, on a plan for
advancing health equity in Minnesota. The
report must include the following:
(1) assessment of health disparities
that exist in the state and how these disparities relate to health equity;
(2) identification of policies,
processes, and systems that contribute to health inequity in the state;
(3) recommendations for changes to
policies, processes and systems within the Department of Health that would
increase the department's leadership in addressing health inequities;
(4) identification of best practices
for local public health, health care, and community partners to provide
culturally responsive services and advance health equity; and
(5) recommendations for strategies for
the use of data to document and monitor existing health inequities and to
evaluate effectiveness of policies, processes, systems, and environmental
changes that will advance health equity.
Sec. 103. GUARANTEED
RENEWABILITY STUDY.
The commissioner of commerce, in
consultation with the commissioner of health, and representatives of health
carriers and consumer advocates, shall study guaranteed renewability of health
plans in the individual market and assess the need for statutory provisions
related to permitting the discontinuance or modification of health plan
coverage in the individual
market by a health carrier. The
commissioner shall submit recommendations and draft legislation, if needed, to
the chairs and ranking minority members of the legislative committees with
jurisdiction over health insurance policy issues by February 1, 2014.
Sec. 104. CAPITAL
RESERVES LIMITS STUDY.
By February 1, 2014, the commissioner
of health, in consultation with the commissioners of human services and
commerce, shall study methodologies for determining appropriate levels for
capital reserves of health maintenance organizations and requirements for
reducing capital reserves to any recommended maximum levels. In conducting the study, the commissioner
shall consult with health maintenance organizations, stakeholders, consumers,
and other states' insurance regulators. The
commissioner shall make recommendations on the need for a level of capital
reserves, and framework for implementing any recommended levels. The commissioner shall submit a report to the
chairs and ranking minority members of the legislative committees with
jurisdiction over health and human services.
Sec. 105. STUDY
AND RECOMMENDATIONS REGARDING MINNESOTA COMPREHENSIVE HEALTH ASSOCIATION.
By August 15, 2013, the Department of
Commerce shall study and report to the legislature on reasonable and efficient
options for coverage for high-quality, medically necessary, evidence-based
treatment of autism spectrum disorders up to age 18, including whether the Minnesota
Comprehensive Health Association could provide coverage options through January
1, 2016, under Minnesota Statutes, chapter 62E.
Sec. 106. ESSENTIAL
HEALTH BENEFITS.
By December 31, 2014, the Department of
Commerce shall request that the United States Department of Human Services include autism services in Minnesota's
Essential Health Benefits when the next benefit set is selected in 2016. These services should include but not be
limited to the services listed in Minnesota Statutes, section 62A.3094,
subdivision 2, paragraph (a).
Sec. 107. ATTORNEY
GENERAL LEGAL OPINION REQUIRED.
Pursuant to the requirements of
Minnesota Statutes, section 8.05, and no later than October 1, 2013, the
attorney general shall give a written legal opinion on whether a health plan,
as defined by Minnesota Statutes, section 62Q.01, subdivision 3, is required to
provide coverage of treatment for mental health and mental health-related illnesses,
including autism spectrum disorders and any other mental health condition as
determined by criteria set forth in the most recent edition of the Diagnostic
and Statistical Manual of Mental Disorders of the American Psychiatric
Association. The attorney general shall
provide copies of this legal opinion to the commissioners of commerce and human
services, the board of directors of the Minnesota Insurance Marketplace, and
the legislative chairs with jurisdiction over commerce and health policy.
Sec. 108. REVISOR'S
INSTRUCTION.
The revisor shall substitute the term
"vertical heat exchangers" or "vertical heat exchanger"
with "bored geothermal heat exchangers" or "bored geothermal
heat exchanger" wherever it appears in Minnesota Statutes, sections 103I.005,
subdivisions 2 and 12; 103I.101, subdivisions 2 and 5; 103I.105; 103I.205,
subdivision 4; 103I.208, subdivision 2; 103I.501; 103I.531, subdivision 5; and
103I.641, subdivisions 1, 2, and 3.
Sec. 109. REPEALER.
(a) Minnesota Statutes 2012, sections
62J.693; 103I.005, subdivision 20; 149A.025; 149A.20, subdivision 8; 149A.30,
subdivision 2; 149A.40, subdivision 8; 149A.45, subdivision 6; 149A.50,
subdivision 6; 149A.51, subdivision 7; 149A.52, subdivision 5a; 149A.53,
subdivision 9; and 485.14, are repealed.
(b) Minnesota Statutes 2012, section
144.123, subdivision 2, is repealed effective July 1, 2014.
ARTICLE 13
PAYMENT METHODOLOGIES FOR HOME AND COMMUNITY-BASED SERVICES
Section 1. Minnesota Statutes 2012, section 252.41, subdivision 3, is amended to read:
Subd. 3. Day training and habilitation services for adults with developmental disabilities. "Day training and habilitation services for adults with developmental disabilities" means services that:
(1) include supervision, training, assistance, and supported employment, work-related activities, or other community-integrated activities designed and implemented in accordance with the individual service and individual habilitation plans required under Minnesota Rules, parts 9525.0015 to 9525.0165, to help an adult reach and maintain the highest possible level of independence, productivity, and integration into the community; and
(2) are provided under contract with
the county where the services are delivered by a vendor licensed under
sections 245A.01 to 245A.16 and 252.28, subdivision 2, to provide day training
and habilitation services.
Day training and habilitation services reimbursable under this section do not include special education and related services as defined in the Education of the Individuals with Disabilities Act, United States Code, title 20, chapter 33, section 1401, clauses (6) and (17), or vocational services funded under section 110 of the Rehabilitation Act of 1973, United States Code, title 29, section 720, as amended.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 2. Minnesota Statutes 2012, section 252.42, is amended to read:
252.42
SERVICE PRINCIPLES.
The design and delivery of services
eligible for reimbursement under the rates established in section 252.46
should reflect the following principles:
(1) services must suit a person's chronological age and be provided in the least restrictive environment possible, consistent with the needs identified in the person's individual service and individual habilitation plans under Minnesota Rules, parts 9525.0015 to 9525.0165;
(2) a person with a developmental disability whose individual service and individual habilitation plans authorize employment or employment-related activities shall be given the opportunity to participate in employment and employment-related activities in which nondisabled persons participate;
(3) a person with a developmental disability participating in work shall be paid wages commensurate with the rate for comparable work and productivity except as regional centers are governed by section 246.151;
(4) a person with a developmental disability shall receive services which include services offered in settings used by the general public and designed to increase the person's active participation in ordinary community activities;
(5) a person with a developmental disability shall participate in the patterns, conditions, and rhythms of everyday living and working that are consistent with the norms of the mainstream of society.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 3. Minnesota Statutes 2012, section 252.43, is amended to read:
252.43
COMMISSIONER'S DUTIES.
The commissioner shall supervise county boards' provision of day training and habilitation services to adults with developmental disabilities. The commissioner shall:
(1) determine the need for day training and habilitation services under section 252.28;
(2) approve establish
payment rates established by a county under section 252.46, subdivision 1
as provided under section 256B.4914;
(3) adopt rules for the administration and
provision of day training and habilitation services under sections 252.40
252.41 to 252.46 and sections 245A.01 to 245A.16 and 252.28, subdivision
2;
(4) enter into interagency agreements necessary to ensure effective coordination and provision of day training and habilitation services;
(5) monitor and evaluate the costs and effectiveness of day training and habilitation services; and
(6) provide information and technical help to county boards and vendors in their administration and provision of day training and habilitation services.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 4. Minnesota Statutes 2012, section 252.44, is amended to read:
252.44
COUNTY BOARD RESPONSIBILITIES.
(a) When the need for day training
and habilitation services in a county has been determined under section 252.28,
the board of commissioners for that county shall:
(1) authorize the delivery of services according to the individual service and habilitation plans required as part of the county's provision of case management services under Minnesota Rules, parts 9525.0015 to 9525.0165. For calendar years for which section 252.46, subdivisions 2 to 10, apply, the county board shall not authorize a change in service days from the number of days authorized for the previous calendar year unless there is documentation for the change in the individual service plan. An increase in service days must also be supported by documentation that the goals and objectives assigned to the vendor cannot be met more economically and effectively by other available community services and that without the additional days of service the individual service plan could not be implemented in a manner consistent with the service principles in section 252.42;
(2) contract with licensed vendors, as
specified in paragraph (b), under sections 256E.12 and 256B.092 and rules
adopted under those sections;
(3) (2) ensure that
transportation is provided or arranged by the vendor in the most efficient and
reasonable way possible; and
(4) set payment rates under
section 252.46;
(5) (3) monitor and evaluate
the cost and effectiveness of the services; and.
(6) reimburse vendors for the provision
of authorized services according to the rates, procedures, and regulations
governing reimbursement.
(b) With all vendors except regional
centers, the contract must include the approved payment rates, the projected
budget for the contract period, and any actual expenditures of previous and
current contract periods. With all
vendors, including regional centers, the contract must also include the amount,
availability, and components of day training and habilitation services to be
provided, the performance standards governing service provision and evaluation,
and the time period in which the contract is effective.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 5. Minnesota Statutes 2012, section 252.45, is amended to read:
252.45
VENDOR'S DUTIES.
A vendor's responsibility vendor
enrolled with the commissioner is responsible for items under clauses (1),
(2), and (3), and extends only to the provision of services that are
reimbursable under state and federal law.
A vendor under contract with a county board to provide providing
day training and habilitation services shall:
(1) provide the amount and type of services authorized in the individual service plan under Minnesota Rules, parts 9525.0015 to 9525.0165;
(2) design the services to achieve the outcomes assigned to the vendor in the individual service plan;
(3) provide or arrange for transportation of persons receiving services to and from service sites;
(4) enter into agreements with community-based intermediate care facilities for persons with developmental disabilities to ensure compliance with applicable federal regulations; and
(5) comply with state and federal law.
EFFECTIVE
DATE. This section is effective
January 1, 2014.
Sec. 6. Minnesota Statutes 2012, section 252.46, subdivision 1a, is amended to read:
Subd. 1a. Day training and habilitation rates. The commissioner shall establish a statewide rate-setting methodology for all day training and habilitation services as provided under section 256B.4914. The rate-setting methodology must abide by the principles of transparency and equitability across the state. The methodology must involve a uniform process of structuring rates for each service and must promote quality and participant choice.
EFFECTIVE
DATE. This section is
effective January 1, 2014.
Sec. 7. Minnesota Statutes 2012, section 256B.4912, subdivision 2, is amended to read:
Subd. 2. Payment methodologies. (a) The commissioner shall establish, as defined under section 256B.4914, statewide payment methodologies that meet federal waiver requirements for home and community-based waiver services for individuals with disabilities. The 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.
Sec. 8. Minnesota Statutes 2012, section 256B.4912, subdivision 3, is amended to read:
Subd. 3. Payment
requirements. The payment methodologies
established under this section shall accommodate:
(1) supervision costs;
(2) staffing patterns staff
compensation;
(3) staffing and supervisory patterns;
(3) (4) program-related
expenses;
(4) (5) general and
administrative expenses; and
(5) (6) consideration of
recipient intensity.
Sec. 9. Minnesota Statutes 2012, section 256B.4913, is amended by adding a subdivision to read:
Subd. 4a. Rate
stabilization adjustment. (a)
For purposes of this subdivision, "implementation period" shall mean
the period beginning January 1, 2014, and ending on the last day of the month
in which the rate management system is populated with the data necessary to
calculate rates for substantially all individuals receiving home and
community-based services.
(b) For purposes of this subdivision,
the banding value for all service recipients shall mean the individual
reimbursement rate for a recipient in effect on December 1, 2013, except that:
(1)(i) for day training and
habilitation pilot program service recipients, the banding value shall be the
authorized rate for the provider in the county of service effective December 1,
2013, if the recipient: was not
authorized to receive these waiver services prior to January 1, 2014; added a
new service or services on or after January 1, 2014; or changed providers on or
after January 1, 2014; and
(ii) for all other unit or day service
recipients, the banding value shall be the weighted average authorized rate for
each provider number in the county of service effective December 1, 2013, if
the recipient: was not authorized to
receive these waiver services prior to January 1, 2014; added a new service or
services on or after January 1, 2014; or changed providers on or after January
1, 2014; and
(2) for residential service recipients
who change providers on or after January 1, 2014, the banding value shall be
set by each lead agency within their county aggregate budget using their
respective methodology for residential services effective December 1, 2013, for
determining the provider rate for a similarly situated recipient being served
by that provider.
(c) The commissioner shall adjust
individual reimbursement rates determined under this section so that the unit
rate is no higher or lower than:
(1) 0.5 percent from the banding value
for the implementation period;
(2) 0.5 percent from the rate in effect
in clause (1), for the 12-month period immediately following the time period of
clause (1);
(3)
1.0 percent from the rate in effect in clause (2), for the 12-month period immediately
following the time period of clause (2);
(4) 1.0 percent from the rate in effect
in clause (3), for the 12-month period immediately following the time period of
clause (3); and
(5) 1.0 percent from the rate in effect
in clause (4), for the 12-month period immediately following the time period of
clause (4).
(d) This subdivision shall not apply to
rates for recipients served by providers new to a given county after January 1,
2014.
Sec. 10. Minnesota Statutes 2012, section 256B.4913, subdivision 5, is amended to read:
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 and others, to
gather input, concerns, and data, and exchange ideas for the legislative
proposals for to assist in the full implementation of the new rate
payment system and to make pertinent information available to the public
through the department's Web site.
Sec. 11. Minnesota Statutes 2012, section 256B.4913, subdivision 6, is amended to read:
Subd. 6. Implementation. (a) The commissioner may shall
implement changes no sooner than on 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 disability waiver rates
system.
(b) On January 1, 2014, all new service
authorizations must use the disability waiver rates system. Beginning January 1, 2014, all renewing
individual service plans must use the disability waiver rates system as
reassessment and reauthorization occurs.
By December 31, 2014, data for all recipients must be entered into the
disability waiver rates system.
Sec. 12. [256B.4914]
HOME AND COMMUNITY-BASED SERVICES WAIVERS; RATE SETTING.
Subdivision 1. Application. The payment methodologies in this
section apply to home and community-based services waivers under sections
256B.092 and 256B.49. This section does
not change existing waiver policies and procedures.
Subd. 2. Definitions. (a) For purposes of this section, the
following terms have the meanings given them, unless the context clearly
indicates otherwise.
(b) "Commissioner" means the
commissioner of human services.
(c) "Component value" means
underlying factors that are part of the cost of providing services that are
built into the waiver rates methodology to calculate service rates.
(d) "Customized living tool"
means a methodology for setting service rates that delineates and documents the
amount of each component service included in a recipient's customized living
service plan.
(e) "Disability waiver rates
system" means a statewide system that establishes rates that are based on
uniform processes and captures the individualized nature of waiver services and
recipient needs.
(f) "Lead agency"
means a county, partnership of counties, or tribal agency charged with
administering waivered services under sections 256B.092 and 256B.49.
(g) "Median" means the amount
that divides distribution into two equal groups, one-half above the median and
one-half below the median.
(h) "Payment or rate" means reimbursement
to an eligible provider for services provided to a qualified individual based
on an approved service authorization.
(i) "Rates management system"
means a Web-based software application that uses a framework and component
values, as determined by the commissioner, to establish service rates.
(j) "Recipient" means a
person receiving home and community-based services funded under any of the
disability waivers.
Subd. 3. Applicable
services. Applicable services
are those authorized under the state's home and community-based services
waivers under sections 256B.092 and 256B.49, including the following, as
defined in the federally approved home and community-based services plan:
(1) 24 hour customized living;
(2) adult day care;
(3) adult day care bath;
(4) behavioral programming;
(5) companion services;
(6) customized living;
(7) day training and habilitation;
(8) housing access coordination;
(9) independent living skills;
(10) in-home family support;
(11) night supervision;
(12) personal support;
(13) prevocational services;
(14) residential care services;
(15) residential support services;
(16) respite services;
(17) structured day services;
(18) supported employment services;
(19) supported living services;
(20) transportation services; and
(21) other services as approved by the
federal government in the state home and community-based services plan.
Subd. 4. Data
collection for rate determination. (a)
Rates for applicable home and community-based waivered services, including rate
exceptions under subdivision 12, are set by the rates management system.
(b) Data for services under section
256B.4913, subdivision 4a, shall be collected in a manner prescribed by the
commissioner.
(c) Data and information in the rates
management system may be used to calculate an individual's rate.
(d) Service providers, with information
from the community support plan and oversight by lead agencies, shall provide
values and information needed to calculate an individual's rate into the rates
management system. These values and
information include:
(1) shared staffing hours;
(2) individual staffing hours;
(3) direct RN hours;
(4) direct LPN hours;
(5) staffing ratios;
(6) information to document variable
levels of service qualification for variable levels of reimbursement in each
framework;
(7) shared or individualized
arrangements for unit-based services, including the staffing ratio;
(8) number of trips and miles for
transportation services; and
(9) service hours provided through
monitoring technology.
(e) Updates to individual data shall
include:
(1) data for each individual that is
updated annually when renewing service plans; and
(2) requests by individuals or lead
agencies to update a rate whenever there is a change in an individual's service
needs, with accompanying documentation.
(f) Lead agencies shall review and
approve values to calculate the final payment rate for each individual. Lead agencies must notify the individual and
the service provider of the final agreed-upon values and rate. If a value used was mistakenly or erroneously
entered and used to calculate a rate, a provider may petition lead agencies to
correct it. Lead agencies must respond
to these requests.
Subd. 5. Base
wage index and standard component values.
(a) The base wage index is established to determine staffing
costs associated with providing services to individuals receiving home and
community-based services. For purposes
of developing and calculating the proposed base wage, Minnesota-specific wages
taken from job descriptions and standard occupational classification (SOC)
codes from the Bureau of Labor Statistics as defined in the most recent edition
of the Occupational Handbook shall be used.
The base wage index shall be calculated as follows:
(1) for residential direct care staff,
the sum of:
(i)
15 percent of the subtotal of 50 percent of the median wage for personal and
home health aide (SOC code 39-9021); 30 percent of the median wage for
nursing aide (SOC code 31-1012); and 20 percent of the median wage for social
and human services aide (SOC code 21-1093); and
(ii) 85 percent of the subtotal of 20
percent of the median wage for home health aide (SOC code 31-1011); 20 percent
of the median wage for personal and home health aide (SOC code 39-9021); 20
percent of the median wage for nursing aide
(SOC code 31-1012); 20 percent of the median wage for psychiatric technician
(SOC code 29-2053); and 20 percent of the median wage for social and
human services aide (SOC code 21-1093);
(2) for day services, 20 percent of the
median wage for nursing aide (SOC code 31-1012); 20 percent of the median wage
for psychiatric technician (SOC code 29-2053); and 60 percent of the median
wage for social and human services aide (SOC code 21-1093);
(3) for residential asleep-overnight
staff, the wage will be $7.66 per hour, except in a family foster care setting,
the wage is $2.80 per hour;
(4)
for behavior program analyst staff, 100 percent of the median wage for mental
health counselors (SOC code 21-1014);
(5) for behavior program professional
staff, 100 percent of the median wage for clinical counseling and school
psychologist (SOC code 19-3031);
(6)
for behavior program specialist staff, 100 percent of the median wage for
psychiatric technicians (SOC code 29-2053);
(7) for supportive living services
staff, 20 percent of the median wage for nursing aide (SOC code 31-1012); 20
percent of the median wage for psychiatric technician (SOC code 29-2053); and
60 percent of the median wage for social and human services aide (SOC code
21-1093);
(8) for housing access coordination
staff, 50 percent of the median wage for community and social services specialist (SOC code 21-1099); and 50 percent of
the median wage for social and human services aide (SOC code 21-1093);
(9) for in-home family support staff,
20 percent of the median wage for nursing aide (SOC code 31-1012); 30 percent
of the median wage for community social service specialist (SOC code 21-1099);
40 percent of the median wage for social and human services aide (SOC code
21-1093); and ten percent of the median wage for psychiatric technician (SOC
code 29-2053);
(10) for independent living skills
staff, 40 percent of the median wage for community social service specialist
(SOC code 21-1099); 50 percent of the median wage for social and human services
aide (SOC code 21-1093); and ten percent of the median wage for psychiatric
technician (SOC code 29-2053);
(11) for supported employment
staff, 20 percent of the median wage for nursing aide (SOC code 31-1012); 20
percent of the median wage for psychiatric technician (SOC code 29-2053); and
60 percent of the median wage for social and human services aide (SOC code
21-1093);
(12)
for adult companion staff, 50 percent of the median wage for personal and home
care aide (SOC code 39-9021); and 50 percent of the median wage for
nursing aides, orderlies, and attendants (SOC code 31-1012);
(13) for night supervision staff, 20
percent of the median wage for home health aide (SOC code 31-1011); 20 percent
of the median wage for personal and home health aide (SOC code 39-9021); 20
percent of the median wage for nursing aide
(SOC code 31-1012); 20 percent of the median wage for psychiatric technician
(SOC code 29-2053); and 20 percent of the median wage for social and
human services aide (SOC code 21-1093);
(14) for respite staff, 50 percent of
the median wage for personal and home care aide (SOC code 39-9021); and 50
percent of the median wage for nursing aides, orderlies, and attendants (SOC
code 31-1012);
(15)
for personal support staff, 50 percent of the median wage for personal and home
care aide (SOC code 39-9021); and 50 percent of the median wage for
nursing aides, orderlies, and attendants (SOC code 31-1012);
(16) for supervisory staff, the basic
wage is $17.43 per hour with exception of the supervisor of behavior analyst
and behavior specialists, which shall be $30.75 per hour;
(17) for RN, the basic wage is $30.82
per hour; and
(18) for LPN, the basic wage is $18.64
per hour.
(b) Component values for residential
support services are:
(1) supervisory span of control ratio: 11 percent;
(2) employee vacation, sick, and
training allowance ratio: 8.71 percent;
(3) employee-related cost ratio: 23.6 percent;
(4) general administrative support
ratio: 13.25 percent;
(5) program-related expense ratio: 1.3 percent; and
(6) absence and utilization factor
ratio: 3.9 percent.
(c) Component values for family foster
care are:
(1) supervisory span of control ratio: 11 percent;
(2) employee vacation, sick, and
training allowance ratio: 8.71 percent;
(3) employee-related cost ratio: 23.6 percent;
(4) general administrative support
ratio: 3.3 percent;
(5) program-related expense ratio: 1.3 percent; and
(6) absence factor: 1.7 percent.
(d) Component values for day services
for all services are:
(1) supervisory span of control ratio: 11 percent;
(2) employee vacation, sick, and
training allowance ratio: 8.71 percent;
(3) employee-related cost ratio: 23.6 percent;
(4) program plan support ratio: 5.6 percent;
(5) client programming and support
ratio: ten percent;
(6) general administrative support
ratio: 13.25 percent;
(7) program-related expense ratio: 1.8 percent; and
(8) absence and utilization factor
ratio: 3.9 percent.
(e) Component values for unit-based
services with programming are:
(1) supervisory span of control ratio: 11 percent;
(2) employee vacation, sick, and
training allowance ratio: 8.71 percent;
(3) employee-related cost ratio: 23.6 percent;
(4) program plan supports ratio: 3.1 percent;
(5) client programming and supports
ratio: 8.6 percent;
(6) general administrative support
ratio: 13.25 percent;
(7) program-related expense ratio: 6.1 percent; and
(8) absence and utilization factor
ratio: 3.9 percent.
(f) Component values for unit-based
services without programming except respite are:
(1) supervisory span of control ratio: 11 percent;
(2) employee vacation, sick, and
training allowance ratio: 8.71 percent;
(3) employee-related cost ratio: 23.6 percent;
(4) program plan support ratio: 3.1 percent;
(5) client programming and support
ratio: 8.6 percent;
(6) general administrative support
ratio: 13.25 percent;
(7) program-related expense ratio: 6.1 percent; and
(8) absence and utilization factor
ratio: 3.9 percent.
(g) Component values for unit-based
services without programming for respite are:
(1) supervisory span of control ratio: 11 percent;
(2) employee vacation, sick, and training
allowance ratio: 8.71 percent;
(3) employee-related cost ratio: 23.6 percent;
(4) general administrative support
ratio: 13.25 percent;
(5) program-related expense ratio: 6.1 percent; and
(6) absence and utilization factor
ratio: 3.9 percent.
(h) On July 1, 2017, the commissioner
shall update the base wage index in paragraph (b) based on the wage data by
standard occupational code (SOC) from the Bureau of Labor Statistics available
on December 31, 2016. The commissioner
shall publish these updated values and load them into the rate management
system. This adjustment occurs every
five years. For adjustments in 2021 and
beyond, the commissioner shall use the data available on December 31 of the
calendar year five years prior.
(i) On July 1, 2017, the commissioner
shall update the framework components in paragraph (c) for changes in the
Consumer Price Index. The commissioner
will adjust these values higher or lower by the percentage change in the
Consumer Price Index-All Items, United States city average (CPI-U) from January
1, 2014, to January 1, 2017. The
commissioner shall publish these updated values and load them into the rate
management system. This adjustment
occurs every five years. For adjustments
in 2021 and beyond, the commissioner shall use the data available on January 1
of the calendar year four years prior and January 1 of the current calendar
year.
Subd. 6. Payments
for residential support services. (a)
Payments for residential support services, as defined in sections 256B.092,
subdivision 11, and 256B.49, subdivision 22, must be calculated as follows:
(1) determine the number of shared and
individual direct staff hours to meet a recipient's needs provided on-site or
through monitoring technology;
(2) personnel hourly wage rate must be
based on the 2009 Bureau of Labor Statistics Minnesota-specific rates or rates
derived by the commissioner as provided in subdivision 5. This is defined as the direct-care rate;
(3) for a recipient requiring
customization for deaf and hard-of-hearing language accessibility under
subdivision 12, add the customization rate provided in subdivision 12 to the
result of clause (2). This is defined as
the customized direct-care rate;
(4) multiply the number of shared and
individual direct staff hours provided on-site or through monitoring technology
and direct nursing hours by the appropriate staff wages in subdivision 5,
paragraph (a), or the customized direct-care rate;
(5) multiply the number of shared and
individual direct staff hours provided on-site or through monitoring technology
and direct nursing hours by the product of the supervision span of control
ratio in subdivision 5, paragraph (b), clause (1), and the appropriate
supervision wage in subdivision 5, paragraph (a), clause (16);
(6) combine the results of
clauses (4) and (5), excluding any shared and individual direct staff hours
provided through monitoring technology, and multiply the result by one plus the
employee vacation, sick, and training allowance ratio in subdivision 5,
paragraph (b), clause (2). This is
defined as the direct staffing cost;
(7) for employee-related expenses,
multiply the direct staffing cost, excluding any shared and individual direct
staff hours provided through monitoring technology, by one plus the
employee-related cost ratio in subdivision 5, paragraph (b), clause (3);
(8) for client programming and
supports, the commissioner shall add $2,179; and
(9) for transportation, if provided,
the commissioner shall add $1,680, or $3,000 if customized for adapted
transport, per year.
(b) The total rate shall be calculated
using the following steps:
(1) subtotal paragraph (a), clauses (7)
to (9), and the direct staffing cost of any shared and individual direct staff
hours provided through monitoring technology that was excluded in clause (7);
(2) sum the standard general and
administrative rate, the program-related expense ratio, and the absence and
utilization ratio;
(3) divide the result of clause (1) by
one minus the result of clause (2). This
is the total payment amount; and
(4) adjust the result of clause (3) by
a factor to be determined by the commissioner to adjust for regional
differences in the cost of providing services.
(c) The payment methodology for
customized living, 24-hour customized living, and residential care services
shall be the customized living tool. Revisions
to the customized living tool shall be made to reflect the services and
activities unique to disability-related recipient needs.
(d) The commissioner shall establish a Monitoring
Technology Review Panel to annually review and approve the plans, safeguards,
and rates that include residential direct care provided remotely through
monitoring technology. Lead agencies
shall submit individual service plans that include supervision using monitoring
technology to the Monitoring Technology Review Panel for approval. Individual service plans that include
supervision using monitoring technology as of December 31, 2013, shall be
submitted to the Monitoring Technology Review Panel, but the plans are not
subject to approval.
Subd. 7. Payments
for day programs. Payments
for services with day programs including adult day care, day treatment and
habilitation, prevocational services, and structured day services must be
calculated as follows:
(1) determine the number of units of
service to meet a recipient's needs;
(2) personnel hourly wage rates must be
based on the 2009 Bureau of Labor Statistics Minnesota-specific rates or rates
derived by the commissioner as provided in subdivision 5;
(3)
for a recipient requiring customization for deaf and hard-of-hearing language
accessibility under subdivision 12, add the customization rate provided
in subdivision 12 to the result of clause (2).
This is defined as the customized direct-care rate;
(4) multiply the number of day program
direct staff hours and direct nursing hours by the appropriate staff wage in
subdivision 5, paragraph (a), or the customized direct-care rate;
(5) multiply the number of day
direct staff hours by the product of the supervision span of control ratio in subdivision 5, paragraph (d), clause (1), and the
appropriate supervision wage in subdivision 5, paragraph (a), clause (16);
(6) combine the results of clauses (4)
and (5), and multiply the result by one plus the employee vacation, sick, and
training allowance ratio in subdivision 5, paragraph (d), clause (2). This is defined as the direct staffing rate;
(7) for program plan support, multiply
the result of clause (6) by one plus the program plan support ratio in subdivision
5, paragraph (d), clause (4);
(8) for employee-related expenses,
multiply the result of clause (7) by one plus the employee-related cost ratio
in subdivision 5, paragraph (d), clause (3);
(9) for client programming and
supports, multiply the result of clause (8) by one plus the client programming
and support ratio in subdivision 5, paragraph (d), clause (5);
(10)
for program facility costs, add $19.30 per week with consideration of staffing
ratios to meet individual needs;
(11) for adult day bath services, add
$7.01 per 15 minute unit;
(12) this is the subtotal rate;
(13) sum the standard general and
administrative rate, the program-related expense ratio, and the absence and
utilization factor ratio;
(14) divide the result of clause (12) by
one minus the result of clause (13). This
is the total payment amount;
(15) adjust the result of clause (14)
by a factor to be determined by the commissioner to adjust for regional
differences in the cost of providing services;
(16) for transportation provided as
part of day training and habilitation for an individual who does not require a
lift, add:
(i) $10.50 for a trip between zero and
ten miles for a nonshared ride in a vehicle without a lift, $8.83 for a shared
ride in a vehicle without a lift, and $9.25 for a shared ride in a vehicle with
a lift;
(ii) $15.75 for a trip between 11 and
20 miles for a nonshared ride in a vehicle without a lift, $10.58 for a shared
ride in a vehicle without a lift, and $11.88 for a shared ride in a vehicle
with a lift;
(iii) $25.75 for a trip between 21 and
50 miles for a nonshared ride in a vehicle without a lift, $13.92 for a shared
ride in a vehicle without a lift, and $16.88 for a shared ride in a vehicle
with a lift; or
(iv) $33.50 for a trip of 51 miles or more
for a nonshared ride in a vehicle without a lift, $16.50 for a shared ride in a
vehicle without a lift, and $20.75 for a shared ride in a vehicle with a lift;
(17)
for transportation provide as part of day training and habilitation for an
individual who does require a lift, add:
(i) $19.05 for a trip between zero and
ten miles for a nonshared ride in a vehicle with a lift, and $15.05 for a
shared ride in a vehicle with a lift;
(ii) $32.16 for a trip between 11 and
20 miles for a nonshared ride in a vehicle with a lift, and $28.16 for a shared
ride in a vehicle with a lift;
(iii) $58.76 for a trip between
21 and 50 miles for a nonshared ride in a vehicle with a lift, and $58.76 for a
shared ride in a vehicle with a lift; or
(iv) $80.93 for a trip of 51 miles or
more for a nonshared ride in a vehicle with a lift, and $80.93 for a shared
ride in a vehicle with a lift.
Subd. 8. Payments
for unit-based services with programming.
Payments for unit-based with program services, including behavior
programming, housing access coordination, in-home family support, independent
living skills training, hourly supported living services, and supported
employment provided to an individual outside of any day or residential service
plan must be calculated as follows, unless the services are authorized
separately under subdivision 6 or 7:
(1) determine the number of units of
service to meet a recipient's needs;
(2) personnel hourly wage rate must be
based on the 2009 Bureau of Labor Statistics Minnesota-specific rates or rates
derived by the commissioner as provided in subdivision 5;
(3)
for a recipient requiring customization for deaf and hard-of-hearing language
accessibility under subdivision 12, add the customization rate provided
in subdivision 12 to the result of clause (2).
This is defined as the customized direct-care rate;
(4) multiply the number of direct staff
hours by the appropriate staff wage in subdivision 5, paragraph (a), or the
customized direct care rate;
(5)
multiply the number of direct staff hours by the product of the supervision
span of control ratio in subdivision 5, paragraph (e), clause (1), and the
appropriate supervision wage in subdivision 5, paragraph (a), clause (16);
(6) combine the results of clauses (4)
and (5), and multiply the result by one plus the employee vacation, sick, and
training allowance ratio in subdivision 5, paragraph (e), clause (2). This is defined as the direct staffing rate;
(7) for program plan support, multiply
the result of clause (6) by one plus the program plan supports ratio in
subdivision 5, paragraph (e), clause (4);
(8) for employee-related expenses,
multiply the result of clause (7) by one plus the employee-related cost ratio
in subdivision 5, paragraph (e), clause (3);
(9) for client programming and
supports, multiply the result of clause (8) by one plus the client programming
and supports ratio in subdivision 5, paragraph (e), clause (5);
(10) this is the subtotal rate;
(11) sum the standard general and
administrative rate, the program-related expense ratio, and the absence and
utilization factor ratio;
(12) divide the result of clause (10)
by one minus the result of clause (11). This
is the total payment amount;
(13) for supported employment provided
in a shared manner, divide the total payment amount in clause (12) by the
number of service recipients, not to exceed three. For independent living skills training
provided in a shared manner, divide the total payment amount in clause (12) by
the number of service recipients, not to exceed two; and
(14) adjust the result of
clause (13) by a factor to be determined by the commissioner to adjust for
regional differences in the cost of providing services.
Subd. 9. Payments
for unit-based services without programming. Payments for unit-based without program
services, including night supervision, personal support, respite, and companion
care provided to an individual outside of any day or residential service plan
must be calculated as follows unless the services are authorized separately
under subdivision 6 or 7:
(1) for all services except respite,
determine the number of units of service to meet a recipient's needs;
(2) personnel hourly wage rates must be
based on the 2009 Bureau of Labor Statistics Minnesota-specific rate or rates
derived by the commissioner as provided in subdivision 5;
(3)
for a recipient requiring customization for deaf and hard-of-hearing language
accessibility under subdivision 12, add the customization rate provided
in subdivision 12 to the result of clause (2).
This is defined as the customized direct care rate;
(4) multiply the number of direct staff
hours by the appropriate staff wage in subdivision 5 or the customized direct
care rate;
(5)
multiply the number of direct staff hours by the product of the supervision
span of control ratio in subdivision 5, paragraph (f), clause (1), and the
appropriate supervision wage in subdivision 5, paragraph (a), clause (16);
(6) combine the results of clauses (4)
and (5), and multiply the result by one plus the employee vacation, sick, and
training allowance ratio in subdivision 5, paragraph (f), clause (2). This is defined as the direct staffing rate;
(7) for program plan support, multiply
the result of clause (6) by one plus the program plan support ratio in
subdivision 5, paragraph (f), clause (4);
(8) for employee-related expenses,
multiply the result of clause (7) by one plus the employee-related cost ratio
in subdivision 5, paragraph (f), clause (3);
(9) for client programming and
supports, multiply the result of clause (8) by one plus the client programming
and support ratio in subdivision 5, paragraph (f), clause (5);
(10) this is the subtotal rate;
(11) sum the standard general and
administrative rate, the program-related expense ratio, and the absence and
utilization factor ratio;
(12) divide the result of clause (10)
by one minus the result of clause (11). This
is the total payment amount;
(13) for respite services, determine
the number of daily units of service to meet an individual's needs;
(14) personnel hourly wage rates must
be based on the 2009 Bureau of Labor Statistics Minnesota-specific rate or
rates derived by the commissioner as provided in subdivision 5;
(15) for a recipient requiring deaf and
hard-of-hearing customization under subdivision 12, add the customization rate
provided in subdivision 12 to the result of clause (14). This is defined as the customized direct care
rate;
(16) multiply the number of
direct staff hours by the appropriate staff wage in subdivision 5, paragraph
(a);
(17)
multiply the number of direct staff hours by the product of the supervisory
span of control ratio in subdivision 5, paragraph (g), clause (1), and the
appropriate supervision wage in subdivision 5, paragraph (a), clause (16);
(18) combine the results of clauses
(16) and (17), and multiply the result by one plus the employee vacation, sick, and training allowance ratio in subdivision
5, paragraph (g), clause (2). This is
defined as the direct staffing rate;
(19) for employee-related expenses,
multiply the result of clause (18) by one plus the employee-related cost ratio
in subdivision 5, paragraph (g), clause (3).
(20) this is the subtotal rate;
(21) sum the standard general and
administrative rate, the program-related expense ratio, and the absence and
utilization factor ratio;
(22) divide the result of clause (20)
by one minus the result of clause (21). This
is the total payment amount; and
(23) adjust the result of clauses (12)
and (22) by a factor to be determined by the commissioner to adjust for
regional differences in the cost of providing services.
Subd. 10. Updating
payment values and additional information.
(a) From January 1, 2014, through December 31, 2017, the
commissioner shall develop and implement uniform procedures to refine terms and
adjust values used to calculate payment rates in this section.
(b) The commissioner shall, within
available resources, conduct research and gather data and information from
existing state systems or other outside sources on the following items:
(1) differences in the underlying cost
to provide services and care across the state; and
(2) mileage and utilization of
transportation for all day and unit-based services.
(c) Using a statistically valid set of
rates management system data, the commissioner, in consultation with
stakeholders, shall analyze for each service the average difference in the rate
on December 31, 2013, and the framework rate at the individual, provider, lead
agency, and state levels.
(d) The commissioner, in consultation
with stakeholders, shall review and evaluate the following values already in
subdivisions 6 to 9, or issues that impact all services, including, but not
limited to:
(1) values for transportation rates for
day services;
(2) values for transportation rates in
residential services;
(3) values for services where
monitoring technology replaces staff time;
(4) values for indirect services;
(5) values for nursing;
(6) component values for independent
living skills;
(7) component values for family
foster care that reflect licensing requirements;
(8) adjustments to other components to
replace the budget neutrality factor;
(9) remote monitoring technology for
nonresidential services;
(10) values for basic and intensive
services in residential services;
(11) values for the facility use rate
in day services;
(12) values for workers compensation as
part of employee-related expenses;
(13) values for unemployment insurance
as part of employee-related expenses;
(14) a component value to reflect costs
for individuals with rates previously adjusted for the inclusion of group
residential housing rate 3 costs, only for any individual enrolled as of
December 31, 2013; and
(15) any changes in state or federal
law with an impact on the underlying cost of providing home and community-based
services.
(e) The commissioner shall report to
the chairs and the ranking minority members of the legislative committees and
divisions with jurisdiction over health and human services policy and finance
with the information and data gathered under paragraphs (b) to (d) on the
following dates:
(1) January 15, 2015, with preliminary
results and data;
(2) January 15, 2016, with a status
implementation update, and additional data and summary information;
(3) January 15, 2017, with the full
report; and
(4) January 15, 2019, with another full
report, and a full report once every four years thereafter.
(f) Based on the commissioner's
evaluation of the information and data collected in paragraphs (b) to (d), the
commissioner may make recommendations to the legislature to address any
potential issues.
(g) The commissioner shall implement a
regional adjustment factor to all rate calculations in subdivisions 6 to 9,
effective no later than January 1, 2015.
Prior to implementation, the commissioner shall consult with
stakeholders on the methodology to calculate the adjustment.
(h) The commissioner shall provide a
public notice via LISTSERV in October of each year beginning October 1, 2014,
containing information detailing legislatively approved changes in:
(1) calculation values including
derived wage rates and related employee and administrative factors;
(2) service utilization;
(3) county and tribal allocation
changes; and
(4) information on adjustments made to
calculation values and the timing of those adjustments.
The information in this notice shall be
effective January 1 of the following year.
Subd. 11. Payment
implementation. Upon
implementation of the payment methodologies under this section, those payment
rates supersede rates established in county contracts for recipients receiving
waiver services under section 256B.092 or 256B.49.
Subd. 12. Customization of rates for individuals. (a) For persons determined to have higher needs based on being deaf or hard-of-hearing, the direct-care costs must be increased by an adjustment factor prior to calculating the rate under subdivisions 6, 7, 8, and 9. The customization rate with respect to deaf or hard-of-hearing persons shall be $2.50 per hour for waiver recipients who meet the respective criteria as determined by the commissioner.
(b) For the purposes of this section,
"deaf and hard-of-hearing" means:
(1) the person has a developmental
disability and an assessment score which indicates a hearing impairment that is
severe or that the person has no useful hearing;
(2) the person has a developmental
disability and an expressive communications score that indicates the person
uses single signs or gestures, uses an augmentative communication aid, or does
not have functional communication, or the person's expressive communications is
unknown; and
(3) the person has a developmental
disability and a communication score which indicates the person comprehends
signs, gestures and modeling prompts or does not comprehend verbal, visual or
gestural communication or that the person's receptive communication score is
unknown; or
(4) the person receives long-term care
services and has an assessment score that indicates they hear only very loud
sounds, have no useful hearing, or a determination cannot be made; and the
person receives long-term care services and has an assessment that indicates
the person communicates needs with sign language, symbol board, written
messages, gestures or an interpreter; communicates with inappropriate content,
makes garbled sounds or displays echolalia, or does not communicate needs.
Subd. 13. Transportation. The commissioner shall require that
the purchase of transportation services be cost-effective and be limited to
market rates where the transportation mode is generally available and
accessible.
Subd. 14. Exceptions. (a) In a format prescribed by the
commissioner, lead agencies must identify individuals with exceptional needs
that cannot be met under the disability waiver rate system. The commissioner shall use that information
to evaluate and, if necessary, approve an alternative payment rate for those
individuals.
(b) Lead agencies must submit exception
requests to the state.
(c) An application for a rate exception
may be submitted for the following criteria:
(1) an individual has service needs
that cannot be met through additional units of service; or
(2) an individual's rate determined
under subdivisions 6, 7, 8, and 9 results in an individual being discharged.
(d) Exception requests must include the
following information:
(1) the service needs required by each
individual that are not accounted for in subdivisions 6, 7, 8, and 9;
(2) the service rate requested and the
difference from the rate determined in subdivisions 6, 7, 8, and 9;
(3) a basis for the underlying costs
used for the rate exception and any accompanying documentation;
(4) the duration of the rate
exception; and
(5) any contingencies for approval.
(e) Approved rate exceptions shall be
managed within lead agency allocations under sections 256B.092 and 256B.49.
(f) Individual disability waiver
recipients may request that a lead agency submit an exception request. A lead agency that denies such a request
shall notify the individual waiver recipient of its decision and the reasons
for denying the request in writing no later than 30 days after the individual's
request has been made.
(g) The commissioner shall determine
whether to approve or deny an exception request no more than 30 days after
receiving the request. If the
commissioner denies the request, the commissioner shall notify the lead agency
and the individual disability waiver recipient in writing of the reasons for
the denial.
(h) The individual disability waiver
recipient may appeal any denial of an exception request by either the lead
agency or the commissioner, pursuant to sections 256.045 and 256.0451. When the denial of an exception request
results in the proposed demission of a waiver recipient from a residential or
day habilitation program, the commissioner shall issue a temporary stay of
demission, when requested by the disability waiver recipient, consistent with
the provisions of section 256.045, subdivisions 4a and 6, paragraph (c). The temporary stay shall remain in effect
until the lead agency can provide an informed choice of appropriate,
alternative services to the disability waiver.
(i) Providers may petition lead
agencies to update values that were entered incorrectly or erroneously into the
rate management system, based on past service level discussions and
determination in subdivision 4, without applying for a rate exception.
Subd. 15. County
or tribal allocations. (a)
Upon implementation of the disability waiver rates management system on January
1, 2014, the commissioner shall establish a method of tracking and reporting
the fiscal impact of the disability waiver rates management system on
individual lead agencies.
(b) Beginning January 1, 2014, the
commissioner shall make annual adjustments to lead agencies' home and
community-based waivered service budget allocations to adjust for rate
differences and the resulting impact on county allocations upon implementation
of the disability waiver rates system.
Subd. 16. Budget
neutrality adjustments. (a)
The commissioner shall use the following adjustments to the rate generated by
the framework to assure budget neutrality until the rate information is
available to implement paragraph (b). The rate generated by the framework shall be
multiplied by the appropriate factor, as designated below:
(1) for residential services: 1.003;
(2) for day services: 1.000;
(3) for unit-based services with
programming: 0.941; and
(4) for unit-based services without
programming: 0.796.
(b) Within 12 months of January 1,
2014, the commissioner shall compare estimated spending for all home and
community-based waiver services under the new payment rates defined in
subdivisions 6 to 9 with estimated spending for the same recipients and
services under the rates in effect on July 1, 2013. This comparison must distinguish spending
under each of subdivisions 6, 7, 8, and 9.
The comparison must be based on actual recipients
and services for one or more
service months after the new rates have gone into effect. The commissioner shall consult with the
commissioner of management and budget on this analysis to ensure budget
neutrality. If estimated spending under
the new rates for services under one or more subdivisions differs in this
comparison by 0.3 percent or more, the commissioner shall assure aggregate
budget neutrality across all service areas by adjusting the budget neutrality
factor in paragraph (a) in each subdivision so that total estimated spending
for each subdivision under the new rates matches estimated spending under the
rates in effect on July 1, 2013.
Sec. 13. FEDERAL
APPROVAL.
During the transition to a new
disability waivers payment methodology system, the commissioner of human
services has the authority to manage the disability home and community-based
service waiver programs within federally required parameters. The commissioner may negotiate an agreement
with the Centers for Medicare and Medicaid Services for the implementation of
the disability waivers payment methodology system in order to prevent federal
action that would withhold or disallow federal funding for current waiver
recipients, or new waiver recipients as authorized by the legislature. The commissioner must provide for public
notice and comment, as required by state and federal law, to changes related to
federal approval of the disability waivers payment methodology system. If the Centers for Medicare and Medicaid
Services requires changes to the disability waivers payment rate methodology
implementation plan, the commissioner shall implement the changes in accordance
with Minnesota Statutes, section 256B.4914, subdivision 16, and upon:
(1) public notice;
(2) federal approval;
(3) Legislative Advisory Commission
review and recommendation, in a manner described under Minnesota Statutes,
section 3.3005, subdivision 4; and
(4) recommendation of necessary
legislation to the chairs and ranking minority members of the legislative
committees with jurisdiction over health and human services policy and finance
by January 15, 2014. The changed
implementation plan must provide for a transition from the historical to the
new rate setting methodology.
Sec. 14. REPEALER.
(a)
Minnesota Statutes 2012, sections 252.40; 252.46, subdivisions 1, 2, 3, 4, 5,
6, 7, 8, 9, 10, 11, 16, 17, 18, 19, 20, and 21; 256B.4913, subdivisions 1, 2,
3, and 4; and 256B.501, subdivision 8, are repealed effective January 1, 2014.
(b)
Minnesota Rules, part 9525.1860, subparts 3, items B and C and 4, item D, are
repealed effective January 1, 2014.
ARTICLE 14
HEALTH AND HUMAN SERVICES APPROPRIATIONS
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Section 1. HEALTH
AND HUMAN SERVICES APPROPRIATIONS.
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The sums shown in the columns marked
"Appropriations" are appropriated to the agencies and for the
purposes specified in this article. The
appropriations are from the general fund, or another named fund, and are
available for the fiscal years indicated for each purpose. The figures "2014" and
"2015" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2014, or June 30, 2015,
respectively. "The first year"
is fiscal year 2014. "The second
year" is fiscal year 2015. "The
biennium" is fiscal years 2014 and 2015.
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APPROPRIATIONS |
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Available for the Year |
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Ending June 30 |
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2014 |
2015 |
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Sec. 2. COMMISSIONER
OF HUMAN SERVICES |
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Subdivision 1. Total
Appropriation |
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$6,438,485,000 |
|
$6,457,117,000 |
|
Appropriations
by Fund |
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|
||
|
|
2014
|
2015
|
|
|
|
|
|
General |
5,654,765,000
|
5,677,458,000
|
|
State Government Special Revenue |
4,099,000
|
4,510,000
|
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Health Care Access |
519,816,000
|
518,446,000
|
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Federal TANF |
257,915,000
|
254,813,000
|
|
Lottery Prize Fund |
1,890,000
|
1,890,000
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Receipts
for Systems Projects. Appropriations
and federal receipts for information systems projects for MAXIS, PRISM, MMIS,
and SSIS must be deposited in the state system account authorized in Minnesota
Statutes, section 256.014. Money
appropriated for computer projects approved by the commissioner of Minnesota
information technology services, funded by the legislature, and approved by the
commissioner of management and budget, may be transferred from one project to
another and from development to operations as the commissioner of human
services considers necessary. Any
unexpended balance in the appropriation for these projects does not cancel but
is available for ongoing development and operations.
Nonfederal
Share Transfers. The
nonfederal share of activities for which federal administrative reimbursement
is appropriated to the commissioner may be transferred to the special revenue
fund.
ARRA
Supplemental Nutrition Assistance Benefit Increases. The funds provided for food support
benefit increases under the Supplemental Nutrition Assistance Program
provisions of the American Recovery and Reinvestment Act (ARRA) of 2009 must be
used for benefit increases beginning July 1, 2009.
Supplemental
Nutrition Assistance Program Employment and Training. (1) Notwithstanding Minnesota
Statutes, sections 256D.051, subdivisions 1a, 6b, and 6c, and 256J.626, federal
Supplemental Nutrition Assistance employment and training funds received as
reimbursement of MFIP consolidated fund grant expenditures for diversionary
work program participants and child care assistance program expenditures must
be deposited in the general fund. The amount
of funds must be limited to $4,900,000
per year in fiscal years 2014
and 2015, and to $4,400,000 per year in fiscal years 2016 and 2017, contingent
on approval by the federal Food and Nutrition Service.
(2) Consistent with the receipt of the
federal funds, the commissioner may adjust the level of working family credit
expenditures claimed as TANF maintenance of effort. Notwithstanding any contrary provision in
this article, this rider expires June 30, 2017.
TANF
Maintenance of Effort. (a) In
order to meet the basic maintenance of effort (MOE) requirements of the TANF
block grant specified under Code of Federal Regulations, title 45, section
263.1, the commissioner may only report nonfederal money expended for allowable
activities listed in the following clauses as TANF/MOE expenditures:
(1) MFIP cash, diversionary work program,
and food assistance benefits under Minnesota Statutes, chapter 256J;
(2) the child care assistance programs
under Minnesota Statutes, sections 119B.03 and 119B.05, and county child care
administrative costs under Minnesota Statutes, section 119B.15;
(3) state and county MFIP administrative
costs under Minnesota Statutes, chapters 256J and 256K;
(4) state, county, and tribal MFIP
employment services under Minnesota Statutes, chapters 256J and 256K;
(5) expenditures made on behalf of legal
noncitizen MFIP recipients who qualify for the MinnesotaCare program under
Minnesota Statutes, chapter 256L;
(6) qualifying working family credit
expenditures under Minnesota Statutes, section 290.0671;
(7) qualifying Minnesota education credit
expenditures under Minnesota Statutes, section 290.0674; and
(8) qualifying Head Start expenditures
under Minnesota Statutes, section 119A.50.
(b) The commissioner shall ensure that
sufficient qualified nonfederal expenditures are made each year to meet the
state's TANF/MOE requirements. For the
activities listed in paragraph (a), clauses (2) to (8), the commissioner may
only report expenditures that are excluded from the definition of assistance
under Code of Federal Regulations, title 45, section 260.31.
(c) For fiscal years beginning
with state fiscal year 2003, the commissioner shall ensure that the maintenance
of effort used by the commissioner of management and budget for the February
and November forecasts required under Minnesota Statutes, section 16A.103,
contains expenditures under paragraph (a), clause (1), equal to at least 16
percent of the total required under Code of Federal Regulations, title 45,
section 263.1.
(d) The requirement in Minnesota Statutes,
section 256.011, subdivision 3, that federal grants or aids secured or obtained
under that subdivision be used to reduce any direct appropriations provided by
law, do not apply if the grants or aids are federal TANF funds.
(e) For the federal fiscal years beginning
on or after October 1, 2007, the commissioner may not claim an amount of
TANF/MOE in excess of the 75 percent standard in Code of Federal Regulations,
title 45, section 263.1(a)(2), except:
(1) to the extent necessary to meet the 80
percent standard under Code of Federal Regulations, title 45, section
263.1(a)(1), if it is determined by the commissioner that the state will not
meet the TANF work participation target rate for the current year;
(2) to provide any additional amounts under
Code of Federal Regulations, title 45, section 264.5, that relate to
replacement of TANF funds due to the operation of TANF penalties; and
(3) to provide any additional amounts that
may contribute to avoiding or reducing TANF work participation penalties
through the operation of the excess MOE provisions of Code of Federal
Regulations, title 45, section 261.43(a)(2).
For the purposes of clauses (1) to (3), the
commissioner may supplement the MOE claim with working family credit expenditures
or other qualified expenditures to the extent such expenditures are otherwise
available after considering the expenditures allowed in this subdivision and
subdivisions 2 and 3.
(f) Notwithstanding any contrary provision
in this article, paragraphs (a) to (e) expire June 30, 2017.
Working
Family Credit Expenditures as TANF/MOE.
The commissioner may claim as TANF maintenance of effort up to
$6,707,000 per year of working family credit expenditures in each fiscal year.
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Subd. 2. Working Family Credit to be Claimed for TANF/MOE |
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The commissioner may count the following
amounts of working family credit expenditures as TANF/MOE:
(1) fiscal year 2014,
$50,272,000;
(2) fiscal year 2015, $34,894,000;
(3) fiscal year 2016, $0; and
(4) fiscal year 2017, $1,283,000.
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Subd. 3. TANF Transfer to Federal Child Care and Development Fund |
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(a) The following TANF fund amounts are
appropriated to the commissioner for purposes of MFIP/transition year child
care assistance under Minnesota Statutes, section 119B.05:
(1) fiscal year 2014; $14,020,000; and
(2) fiscal year 2015, $14,020,000.
(b) The commissioner shall authorize the
transfer of sufficient TANF funds to the federal child care and development
fund to meet this appropriation and shall ensure that all transferred funds are
expended according to federal child care and development fund regulations.
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Subd. 4. Central
Office |
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The amounts that may be spent from this
appropriation for each purpose are as follows:
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(a) Operations |
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Appropriations
by Fund |
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General |
101,979,000
|
96,858,000
|
|
State Government Special Revenue |
3,974,000
|
4,385,000
|
|
Health Care Access |
13,177,000
|
13,004,000
|
|
Federal TANF |
100,000
|
100,000
|
DHS
Receipt Center Accounting. The
commissioner is authorized to transfer appropriations to, and account for DHS
receipt center operations in, the special revenue fund.
Administrative
Recovery; Set-Aside. The
commissioner may invoice local entities through the SWIFT accounting system as
an alternative means to recover the actual cost of administering the following
provisions:
(1) Minnesota Statutes, section 125A.744,
subdivision 3;
(2)
Minnesota Statutes, section 245.495, paragraph (b);
(3) Minnesota Statutes, section 256B.0625,
subdivision 20, paragraph (k);
(4) Minnesota Statutes, section 256B.0924,
subdivision 6, paragraph (g);
(5) Minnesota Statutes, section 256B.0945,
subdivision 4, paragraph (d); and
(6)
Minnesota Statutes, section 256F.10, subdivision 6, paragraph (b).
Systems
Modernization. The following
amounts are appropriated for transfer to the state systems account authorized
in Minnesota Statutes, section 256.014:
(1) $1,825,000 in fiscal year 2014 and
$2,502,000 in fiscal year 2015 is for the state share of Medicaid-allocated costs
of the health insurance exchange information technology and operational
structure. The funding base is
$3,222,000 in fiscal year 2016 and $3,037,000 in fiscal year 2017 but shall not
be included in the base thereafter; and
(2) $9,344,000 in fiscal year 2014 and
$3,660,000 in fiscal year 2015 are for the modernization and streamlining of
agency eligibility and child support systems.
The funding base is $5,921,000 in fiscal year 2016 and $1,792,000 in
fiscal year 2017 but shall not be included in the base thereafter.
The unexpended balance of the $9,344,000
appropriation in fiscal year 2014 and the $3,660,000 appropriation in fiscal
year 2015 must be transferred from the Department of Human Services state
systems account to the Office of Enterprise Technology when the Office of
Enterprise Technology has negotiated a federally approved internal service fund
rates and billing process with sufficient internal accounting controls to
properly maximize federal reimbursement to Minnesota for human services system
modernization projects, but not later than June 30, 2015.
If
contingent funding is fully or partially disbursed under article 15,
section 3, and transferred to the state systems account, the unexpended balance
of that appropriation must be transferred to the Office of Enterprise
Technology in accordance with this clause.
Contingent funding must not exceed $11,598,000 for the biennium.
Base
Adjustment. The general fund
base is increased by $2,868,000 in fiscal year 2016 and decreased by $1,206,000
in fiscal year 2017. The health access
fund base is decreased by $551,000 in fiscal years 2016 and 2017. The state government special revenue fund
base is increased by $4,000 in fiscal year 2016 and decreased by $236,000 in
fiscal year 2017.
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(b) Children and
Families |
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Appropriations
by Fund |
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General |
8,023,000
|
8,015,000
|
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Federal TANF |
2,282,000
|
2,282,000
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Financial
Institution Data Match and Payment of Fees.
The commissioner is authorized to allocate up to $310,000 each
year in fiscal years 2014 and 2015 from the PRISM special revenue account to
make payments to financial institutions in exchange for performing data matches
between account information held by financial institutions and the public
authority's database of child support obligors as authorized by Minnesota
Statutes, section 13B.06, subdivision 7.
Base
Adjustment. The general fund
base is decreased by $300,000 in fiscal years 2016 and 2017. The TANF fund base is increased by $300,000
in fiscal years 2016 and 2017.
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(c) Health Care |
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Appropriations
by Fund |
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||
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General |
14,028,000
|
13,826,000
|
|
Health Care Access |
28,442,000
|
31,137,000
|
Base
Adjustment. The general fund
base is decreased by $86,000 in fiscal year 2016 and by $86,000 in fiscal year
2017. The health care access fund base
is increased by $6,954,000 in fiscal year 2016 and by $5,489,000 in fiscal year
2017.
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(d) Continuing Care |
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|
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Appropriations
by Fund |
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|
|
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General |
20,993,000
|
22,359,000
|
|
State Government Special Revenue |
125,000
|
125,000
|
Base
Adjustment. The general fund
base is increased by $1,690,000 in fiscal
year 2016 and by $798,000 in fiscal year 2017.
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(e) Chemical and Mental Health |
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Appropriations
by Fund |
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General |
4,639,000
|
4,490,000
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||||
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Lottery Prize Fund |
157,000 |
157,000 |
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Subd. 5. Forecasted
Programs |
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The amounts that may be spent from this
appropriation for each purpose are as follows:
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(a) MFIP/DWP |
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|
|
|
|
Appropriations
by Fund |
||
|
|
||
|
General |
72,583,000
|
76,927,000
|
|
Federal TANF |
80,342,000
|
76,851,000
|
|
(b) MFIP Child Care Assistance |
|
61,701,000
|
|
69,294,000
|
|
(c) General Assistance |
|
54,787,000
|
|
56,068,000
|
General
Assistance Standard. The
commissioner shall set the monthly standard of assistance for general
assistance units consisting of an adult recipient who is childless and
unmarried or living apart from parents or a legal guardian at $203. The commissioner may reduce this amount
according to Laws 1997, chapter 85, article 3, section 54.
Emergency
General Assistance. The
amount appropriated for emergency general assistance funds is limited to no
more than $6,729,812 in fiscal year 2014 and $6,729,812 in fiscal year 2015. Funds to counties shall be allocated by the
commissioner using the allocation method in Minnesota Statutes, section 256D.06.
|
(d) MN Supplemental Assistance |
|
38,646,000
|
|
39,821,000
|
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(e) Group Residential Housing |
|
141,138,000
|
|
150,988,000
|
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(f) MinnesotaCare |
|
297,707,000
|
|
247,284,000
|
This appropriation is from the health care
access fund.
|
(g) Medical Assistance |
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|
|
|
|
Appropriations
by Fund |
||
|
|
||
|
General |
4,443,768,000
|
4,431,612,000
|
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Health Care Access |
179,550,000
|
226,081,000
|
Spending
to be apportioned. The
commissioner shall apportion expenditures under this paragraph consistent with
the requirements of section 12.
Support
Services for Deaf and Hard-of-Hearing.
$121,000 in fiscal year 2014 and $141,000 in fiscal year 2015;
and $10,000 in fiscal year 2014 and $13,000 in fiscal year 2015 are from the
health care access fund for the hospital reimbursement increase in Minnesota
Statutes, section 256.969, subdivision 29, paragraph (b).
Disproportionate Share Payments. Effective for services provided on or
after July 1, 2011, through June 30, 2015, the commissioner of human services
shall deposit, in the health care access fund, additional federal matching
funds received under Minnesota Statutes, section 256B.199, paragraph (e), as
disproportionate share hospital payments for inpatient hospital services
provided under MinnesotaCare to lawfully present noncitizens who are not
eligible for MinnesotaCare with federal financial participation due to
immigration status. The amount deposited shall not exceed $2,200,000 for the time
period specified.
Funding
for Services Provided to EMA Recipients.
$2,200,000 in fiscal year 2014 is from the health care access
fund to provide services to emergency medical assistance recipients under
Minnesota Statutes, section 256B.06, subdivision 4, paragraph (l). This is a onetime appropriation and is
available in either year of the biennium.
|
(h) Alternative Care |
|
50,776,000
|
|
54,922,000
|
Alternative
Care Transfer. Any money
allocated to the alternative care program that is not spent for the purposes
indicated does not cancel but shall be transferred to the medical assistance
account.
|
(i) CD Treatment Fund |
|
81,440,000
|
|
74,875,000
|
Balance
Transfer. The commissioner
must transfer $18,188,000 from the consolidated chemical dependency treatment
fund to the general fund by September 30, 2013.
|
Subd. 6. Grant
Programs |
|
|
|
|
The amounts that may be spent from this
appropriation for each purpose are as follows:
|
(a) Support Services Grants |
|
|
|
|
|
Appropriations
by Fund |
||
|
|
||
|
General |
8,915,000
|
13,333,000
|
|
Federal TANF |
94,611,000
|
94,611,000
|
Paid
Work Experience. $2,168,000
each year in fiscal years 2015 and 2016 is from the general fund for paid work
experience for long-term MFIP recipients.
Paid work includes full and partial wage subsidies and other related
services such as job development, marketing, preworksite training, job
coaching, and postplacement services. These
are onetime appropriations. Unexpended
funds for fiscal year 2015 do not cancel, but are available to the commissioner
for this purpose in fiscal year 2016.
Work Study Funding for MFIP
Participants. $250,000 each
year in fiscal years 2015 and 2016 is from the general fund to pilot work study
jobs for MFIP recipients in approved postsecondary education programs. This is a onetime appropriation. Unexpended funds for fiscal year 2015 do not
cancel, but are available for this purpose in fiscal year 2016.
Local
Strategies to Reduce Disparities. $2,000,000
each year in fiscal years 2015 and 2016 is from the general fund for local
projects that focus on services for subgroups within the MFIP caseload who are
experiencing poor employment outcomes. These
are onetime appropriations. Unexpended
funds for fiscal year 2015 do not cancel, but are available to the commissioner
for this purpose in fiscal year 2016.
Home
Visiting Collaborations for MFIP Teen Parents. $200,000 per year in fiscal years 2014
and 2015 is from the general fund and $200,000 in fiscal year 2016 is from the
federal TANF fund for technical assistance and training to support local
collaborations that provide home visiting services for MFIP teen parents. The general fund appropriation is onetime. The federal TANF fund appropriation is added
to the base.
Performance
Bonus Funds for Counties. The
TANF fund base is increased by $1,500,000 each year in fiscal years 2016 and
2017. The commissioner must allocate
this amount each year to counties that exceed their expected range of
performance on the annualized three-year self-support index as defined in
Minnesota Statutes, section 256J.751, subdivision 2, clause (6). This is a permanent base adjustment. Notwithstanding any contrary provisions in
this article, this provision expires June 30, 2016.
Base
Adjustment. The general fund
base is decreased by $200,000 in fiscal year 2016 and $4,618,000 in fiscal year
2017. The TANF fund base is increased by
$1,700,000 in fiscal years 2016 and 2017.
|
(b) Basic Sliding Fee Child Care Assistance Grants |
|
36,836,000
|
|
42,318,000
|
Base
Adjustment. The general fund
base is increased by $3,778,000 in fiscal
year 2016 and by $3,849,000 in fiscal year 2017.
|
(c) Child Care Development Grants |
|
1,612,000
|
|
1,737,000
|
|
(d) Child Support Enforcement Grants |
|
50,000
|
|
50,000
|
Federal
Child Support Demonstration Grants. Federal
administrative reimbursement resulting from the federal child support grant
expenditures authorized under United States Code, title 42, section 1315, is
appropriated to the commissioner for this activity.
|
(e) Children's
Services Grants |
|
|
|
|
|
Appropriations
by Fund |
||
|
|
||
|
General |
49,760,000
|
52,961,000
|
|
Federal TANF |
140,000
|
140,000
|
Adoption
Assistance and Relative Custody Assistance.
$37,453,000 in fiscal year 2014 and $37,453,000 in fiscal year
2015 is for the adoption assistance and relative custody assistance programs. The commissioner shall determine with the
commissioner of Minnesota Management and Budget the appropriation for Northstar
Care for Children effective January 1, 2015.
The commissioner may transfer appropriations for adoption assistance,
relative custody assistance, and Northstar Care for Children between fiscal
years and among programs to adjust for transfers across the programs.
Title
IV-E Adoption Assistance. Additional
federal reimbursements to the state as a result of the Fostering Connections to
Success and Increasing Adoptions Act's expanded eligibility for Title IV-E
adoption assistance are appropriated for postadoption
services, including a parent-to-parent support network.
Privatized
Adoption Grants. Federal
reimbursement for privatized adoption grant and foster care recruitment grant
expenditures is appropriated to the commissioner for adoption grants and foster
care and adoption administrative purposes.
Adoption
Assistance Incentive Grants. Federal
funds available during fiscal years 2014 and 2015 for adoption incentive grants
are appropriated for postadoption services, including a parent-to-parent
support network.
Base
Adjustment. The general fund
base is increased by $5,913,000 in fiscal
year 2016 and by $10,297,000 in fiscal year 2017.
|
(f) Child and Community Service Grants |
|
53,301,000
|
|
53,301,000
|
|
(g) Child and Economic Support Grants |
|
21,047,000
|
|
20,848,000
|
Minnesota
Food Assistance Program. Unexpended
funds for the Minnesota food assistance program for fiscal year 2014 do not
cancel but are available for this purpose in fiscal year 2015.
Transitional
Housing. $250,000 each year
is for the transitional housing programs under Minnesota Statutes, section
256E.33.
Emergency
Services. $250,000 each year
is for emergency services grants under Minnesota Statutes, section 256E.36.
Family Assets for Independence. $250,000 each year is for the Family
Assets for Independence Minnesota program.
This appropriation is available in either year of the biennium and may
be transferred between fiscal years.
Food
Shelf Programs. $375,000 in
fiscal year 2014 and $375,000 in fiscal year 2015 are for food shelf programs
under Minnesota Statutes, section 256E.34.
If the appropriation for either year is insufficient, the appropriation
for the other year is available for it. Notwithstanding
Minnesota Statutes, section 256E.34, subdivision 4, no portion of this
appropriation may be used by Hunger Solutions for its administrative expenses,
including but not limited to rent and salaries.
Homeless
Youth Act. $2,000,000 in
fiscal year 2014 and $2,000,000 in fiscal year 2015 is for purposes of
Minnesota Statutes, section 256K.45.
Safe Harbor Shelter and Housing. $500,000 in fiscal year 2014 and $500,000 in fiscal year 2015 is for a safe harbor shelter and housing fund for housing and supportive services for youth who are sexually exploited.
|
(h) Health Care Grants |
|
|
|
|
|
Appropriations
by Fund |
||
|
|
||
|
General |
190,000
|
190,000
|
|
Health Care Access |
190,000
|
190,000
|
Emergency
Medical Assistance Referral and Assistance Grants. (a) The commissioner of human services
shall award grants to nonprofit programs that provide immigration legal
services based on indigency to provide legal services for immigration
assistance to individuals with emergency medical conditions or complex and
chronic health conditions who are not currently eligible for medical assistance
or other public health care programs, but who may meet eligibility requirements
with immigration assistance.
(b) The grantees, in collaboration with
hospitals and safety net providers, shall provide referral assistance to
connect individuals identified in paragraph (a) with alternative resources and
services to assist in meeting their health care needs. $100,000 is appropriated in fiscal year 2014
and $100,000 in fiscal year 2015. This
is a onetime appropriation.
Base
Adjustment. The general fund
is decreased by $100,000 in fiscal year 2016 and $100,000 in fiscal year 2017.
|
(i) Aging and Adult Services Grants |
|
14,827,000 |
|
15,010,000 |
Base Adjustment. The general fund is increased by
$1,150,000 in fiscal year 2016 and $1,151,000 in fiscal year 2017.
Community
Service Development Grants and Community Services Grants. Community service development grants
and community services grants are reduced by $1,150,000 each year. This is a onetime reduction.
|
(j) Deaf and Hard-of-Hearing Grants |
|
1,771,000
|
|
1,785,000
|
|
(k) Disabilities Grants |
|
18,605,000
|
|
18,823,000
|
Advocating
Change Together. $310,000 in
fiscal year 2014 is for a grant to Advocating Change Together (ACT) to maintain
and promote services for persons with intellectual and developmental
disabilities throughout the state. This
appropriation is onetime. Of this
appropriation:
(1) $120,000 is for direct costs
associated with the delivery and evaluation of peer-to-peer training programs
administered throughout the state, focusing on education, employment, housing,
transportation, and voting;
(2) $100,000 is for delivery of statewide
conferences focusing on leadership and
skill development within the disability community; and
(3) $90,000 is for administrative and
general operating costs associated with managing or maintaining facilities,
program delivery, staff, and technology.
Base
Adjustment. The general fund
base is increased by $535,000 in fiscal year 2016 and by $709,000 in fiscal
year 2017.
|
(l) Adult Mental Health Grants |
|
|
|
|
|
Appropriations
by Fund |
||
|
|
||
|
General |
71,199,000
|
69,530,000
|
|
Health Care Access |
750,000
|
750,000
|
|
Lottery Prize |
1,733,000
|
1,733,000
|
Problem Gambling. $225,000 in fiscal year 2014 and $225,000 in fiscal year 2015 is appropriated from the lottery prize fund for a grant to the state affiliate recognized by the National Council on Problem Gambling. The affiliate must provide services to increase public awareness of problem gambling, education and training for individuals and organizations providing effective treatment services to problem gamblers and their families, and research relating to problem gambling.
Funding Usage. Up to 75 percent of a fiscal year's
appropriations for adult mental health grants may be used to fund allocations
in that portion of the fiscal year ending December 31.
Base
Adjustment. The general fund
base is decreased by $4,427,000 in fiscal years 2016 and 2017.
Mental
Health Pilot Project. $230,000
each year is for a grant to the Zumbro Valley Mental Health Center. The grant shall be used to implement a pilot
project to test an integrated behavioral health care coordination model. The grant recipient must report measurable
outcomes and savings to the commissioner of human services by January 15, 2016. This is a onetime appropriation.
High-risk
adults. $200,000 in fiscal
year 2014 is for a grant to the nonprofit organization selected to administer
the demonstration project for high-risk adults under Laws 2007, chapter 54,
article 1, section 19, in order to complete the project. This is a onetime appropriation.
|
(m) Child Mental Health Grants |
|
18,246,000
|
|
20,636,000
|
Text
Message Suicide Prevention Program. $625,000
in fiscal year 2014 and $625,000 in fiscal year 2015 is for a grant to a
nonprofit organization to establish and implement a statewide text message
suicide prevention program. The program
shall implement a suicide prevention counseling text line designed to use text
messaging to connect with crisis counselors and to obtain emergency information
and referrals to local resources in the local community. The program shall include training within
schools and communities to encourage the use of the program.
Mental
Health First Aid Training. $22,000
in fiscal year 2014 and $23,000 in fiscal year 2015 is to train teachers,
social service personnel, law enforcement, and others who come into contact
with children with mental illnesses, in children and adolescents mental health
first aid training.
Funding
Usage. Up to 75 percent of a
fiscal year's appropriation for child mental health grants may be used to fund
allocations in that portion of the fiscal year ending December 31.
|
(n) CD Treatment Support Grants |
|
1,816,000
|
|
1,816,000
|
SBIRT
Training. (1) $300,000 each
year is for grants to train primary care clinicians to provide substance abuse
brief intervention and referral to treatment (SBIRT). This is a onetime appropriation. The commissioner of human services shall
apply to SAMHSA for an SBIRT professional training grant.
(2) If the commissioner of
human services receives a grant under clause (1) funds appropriated under this
clause, equal to the grant amount, up to the available appropriation, shall be
transferred to the Minnesota Organization on
Fetal Alcohol Syndrome (MOFAS). MOFAS
must use the funds for grants. Grant
recipients must be selected from communities that are not currently served by
federal Substance Abuse Prevention and Treatment Block Grant funds. Grant money must be used to reduce the rates
of fetal alcohol syndrome and fetal alcohol effects, and the number of
drug-exposed infants. Grant money may be
used for prevention and intervention services and programs, including, but not
limited to, community grants, professional eduction, public awareness, and
diagnosis.
Fetal
Alcohol Syndrome Grant. $180,000
each year from the general fund is for a grant to the Minnesota Organization on
Fetal Alcohol Syndrome (MOFAS) to support nonprofit Fetal Alcohol Spectrum
Disorders (FASD) outreach prevention programs in Olmsted County. This is a onetime appropriation.
Base
Adjustment. The general fund
base is decreased by $480,000 in fiscal year 2016 and $480,000 in fiscal year
2017.
|
Subd. 7. State-Operated
Services |
|
|
|
|
Transfer
Authority Related to State-Operated Services. Money appropriated for state-operated
services may be transferred between fiscal years of the biennium with the
approval of the commissioner of management and budget.
The amounts that may be spent from the
appropriation for each purpose are as follows:
|
(a) SOS Mental Health |
|
115,738,000
|
|
115,738,000
|
Dedicated
Receipts Available. Of the
revenue received under Minnesota Statutes, section 246.18, subdivision 8,
paragraph (a), $1,000,000 each year is available for the purposes of paragraph
(b), clause (1), of that subdivision, $1,000,000 each year is available to
transfer to the adult mental health budget activity for the purposes of
paragraph (b), clause (2), of that subdivision, and up to $2,713,000 each year
is available for the purposes of paragraph (b), clause (3), of that
subdivision.
|
(b) SOS MN Security Hospital |
|
69,582,000
|
|
69,582,000
|
|
Subd. 8. Sex
Offender Program |
|
76,769,000
|
|
79,745,000
|
Transfer
Authority Related to Minnesota Sex Offender Program. Money appropriated for the Minnesota
sex offender program may be transferred between fiscal years of the biennium
with the approval of the commissioner of management and budget.
|
Subd. 9. Technical
Activities |
|
80,440,000
|
|
80,829,000
|
This appropriation is from the federal TANF
fund.
Base
Adjustment. The federal TANF
fund base is increased by $278,000 in fiscal year 2016 and increased by
$651,000 in fiscal year 2017.
|
Subd. 10. C.A.R.E. |
|
|
|
|
(a) Notwithstanding Minnesota Statutes,
section 254B.06, subdivision 1, $2,200,000 is transferred from the consolidated
chemical dependency treatment fund administrative account in the special
revenue fund and deposited into the enterprise fund for the Community Addiction
Recovery Enterprise in fiscal year 2013.
(b) Notwithstanding Minnesota Statutes,
section 245.037, $1,000,000 must be transferred from the dedicated services -
Lease Income Brainerd account in the special revenue fund and deposited into
the enterprise fund for the Community Addiction Recovery Enterprise in fiscal
year 2013.
(c) Paragraphs (a) and (b) are effective
the day following final enactment.
|
Sec. 3. COMMISSIONER
OF HEALTH |
|
|
|
|
|
Subdivision 1. Total
Appropriation |
|
$169,326,000 |
|
$165,531,000 |
|
Appropriations
by Fund |
||
|
|
||
|
|
2014
|
2015
|
|
|
|
|
|
General |
79,476,000
|
74,256,000
|
|
State Government Special Revenue |
48,094,000
|
50,119,000
|
|
Health Care Access |
29,743,000
|
29,143,000
|
|
Federal TANF |
11,713,000
|
11,713,000
|
|
Special Revenue |
300,000
|
300,000
|
The amounts that may be spent for each
purpose are specified in the following subdivisions.
|
Subd. 2. Health
Improvement |
|
|
|
|
|
Appropriations
by Fund |
||
|
|
||
|
General |
52,864,000
|
47,644,000
|
|
State Government Special Revenue |
1,033,000
|
1,033,000
|
|
Health Care Access |
17,500,000
|
17,500,000
|
|
Federal TANF |
11,713,000 |
11,713,000 |
Notwithstanding
the cancellation requirement in Minnesota Statutes, section 256J.02,
subdivision 6, TANF funds awarded under Minnesota Statutes, section 145.928, during
fiscal year 2013 to grantees determined during the application process to have
limited financial capacity, are available until June 30, 2014.
Statewide
Health Improvement Program. $17,500,000
in fiscal year 2014 and $17,500,000 in fiscal year 2015 is from the health care
access fund for the statewide health improvement program under Minnesota
Statutes, section 145.986. Funds
appropriated under this paragraph are available until expended. No more than 16 percent of the SHIP budget
may be used for administration, technical assistance, and state-level
evaluation costs. The commissioner shall
incorporate strategies for improving health outcomes and reducing health care
costs in populations over age 60 to the menu of statewide health improvement
program strategies.
Statewide
Cancer Surveillance System. Of
the general fund appropriation, $350,000 in fiscal year 2014 and $350,000 in
fiscal year 2015 is to develop and implement a new cancer reporting system
under Minnesota Statutes, sections 144.671 to 144.69. Any information technology development or
support costs necessary for the cancer surveillance system must be incorporated
into the agency's service level agreement and paid to the Office of Enterprise
Technology.
Minnesota
Poison Information Center. $500,000
in fiscal year 2014 and $500,000 in fiscal year 2015 from the general fund is
for regional poison information centers according to Minnesota Statutes,
section 145.93.
Support
Services for Deaf and Hard-of-Hearing.
(a) $365,000 in fiscal year 2014 and $349,000 in fiscal year 2015
are for providing support services to families as required under Minnesota
Statutes, section 144.966, subdivision 3a.
(b) $164,000 in fiscal year 2014 and
$156,000 in fiscal year 2015 are for home-based education in American Sign
Language for families with children who are deaf or have hearing loss, as required under Minnesota Statutes, section
144.966, subdivision 3a.
Reproductive
Health Strategic Plan to Reduce Health Disparities for Somali Women. To the extent funds are available for
fiscal years 2014 and 2015 for grants provided pursuant to Minnesota Statutes,
section 145.928, the commissioner shall provide a grant to a Somali-based
organization located in the metropolitan area to develop a reproductive health
strategic plan to eliminate reproductive health disparities for Somali women. The plan shall develop initiatives to provide
educational and information resources to health care providers, community
organizations, and Somali women to ensure effective interaction with Somali
culture and western medicine and the delivery of appropriate health care
services, and the achievement of better health outcomes for Somali women. The plan must engage health care providers,
the Somali community, and Somali health-centered organizations. The commissioner shall submit a report to the
chairs
and ranking minority members of the senate and house committees with
jurisdiction over health policy on the strategic plan developed under this
grant for eliminating reproductive health disparities for Somali women. The report must be submitted by February 15,
2014.
Sexual
Violence Prevention. Within available
appropriations, by January 15, 2015, the commissioner must report to the
legislature on its activities to prevent sexual violence, including activities
to promote coordination of existing state programs and services to achieve
maximum impact on addressing the root causes of sexual violence.
Safe
Harbor for Sexually Exploited Youth.
(a) $375,000 in fiscal year 2014 and $375,000 in fiscal year 2015
are for grants to six regional navigators
under Minnesota Statutes, section 145.4717.
(b) $100,000 in fiscal year 2014 and
$100,000 in fiscal year 2015 are for the director of child sex trafficking
prevention position.
(c) $50,000 in fiscal year 2015 is for
program evaluation required under Minnesota Statutes, section 145.4718.
TANF
Appropriations. (1)
$1,156,000 of the TANF funds is appropriated each year of the biennium to the
commissioner for family planning grants under Minnesota Statutes, section
145.925.
(2) $3,579,000 of the TANF funds is
appropriated each year of the biennium to the commissioner for home visiting
and nutritional services listed under Minnesota Statutes, section 145.882,
subdivision 7, clauses (6) and (7). Funds
must be distributed to community health boards according to Minnesota Statutes,
section 145A.131, subdivision 1.
(3) $2,000,000 of the TANF funds is
appropriated each year of the biennium to the commissioner for decreasing
racial and ethnic disparities in infant mortality rates under Minnesota
Statutes, section 145.928, subdivision 7.
(4) $4,978,000 of the TANF funds is
appropriated each year of the biennium to the commissioner for the family home
visiting grant program according to Minnesota Statutes, section 145A.17. $4,000,000 of the funding must be distributed
to community health boards according to Minnesota Statutes, section 145A.131,
subdivision 1. $978,000 of the funding
must be distributed to tribal governments based on Minnesota Statutes, section
145A.14, subdivision 2a.
(5) The commissioner may use up to 6.23
percent of the funds appropriated each fiscal year to conduct the ongoing
evaluations required under Minnesota Statutes, section 145A.17, subdivision 7,
and training and technical assistance as required under Minnesota Statutes,
section 145A.17, subdivisions 4 and 5.
TANF Carryforward. Any unexpended balance of the TANF
appropriation in the first year of the biennium does not cancel but is
available for the second year.
|
Subd. 3. Policy
Quality and Compliance |
|
|
|
|
|
Appropriations
by Fund |
||
|
|
||
|
General |
9,391,000
|
9,391,000
|
|
State Government Special Revenue |
14,428,000
|
16,450,000
|
|
Health Care Access |
12,243,000
|
11,643,000
|
The health care access fund appropriation
includes the base appropriation for health care homes activities.
Base
Level Adjustment. The health
care access base shall be increased by $600,000 in fiscal year 2016.
Criminal
Background Checks. The state
government special revenue fund base for fiscal year 2017 includes $111,000 for
the implementation of criminal background checks for occupational therapy
practitioners, speech-language pathologists, audiologists, and hearing aid dispensers, if the Sunset
Advisory Commission under Minnesota Statutes, section 3D.03, is repealed before
June 30, 2014.
|
Subd. 4. Health
Protection |
|
|
|
|
|
Appropriations
by Fund |
||
|
|
||
|
General |
9,201,000
|
9,201,000
|
|
State Government Special Revenue |
32,633,000
|
32,636,000
|
|
Special Revenue |
300,000
|
300,000
|
Infectious
Disease Laboratory. Of the
general fund appropriation, $200,000 in fiscal year 2014 and $200,000 in fiscal
year 2015 are to monitor infectious disease trends and investigate infectious
disease outbreaks.
Surveillance
for Elevated Blood Lead Levels. Of
the general fund appropriation, $100,000 in fiscal year 2014 and $100,000 in
fiscal year 2015 are for the blood lead surveillance system under Minnesota
Statutes, section 144.9502.
Base
Level Adjustment. The state
government special revenue base is increased by $6,000 in fiscal year 2016 and
by $13,000 in fiscal year 2017.
|
Subd. 5. Administrative
Support Services |
|
8,020,000
|
|
8,020,000
|
The general fund appropriation includes the
base appropriation for the Office of the State Epidemiologist.
Regional
Support for Local Public Health Departments. $350,000 in fiscal year 2014 and
$350,000 in fiscal year 2015 is for regional staff who provide specialized
expertise to local public health departments.
|
Sec. 4. HEALTH-RELATED
BOARDS |
|
|
|
|
|
Subdivision 1. Total
Appropriation |
|
$20,040,000 |
|
$18,446,000 |
This
appropriation is from the state government special revenue fund.
The amounts that may be spent for each
purpose are specified in the following subdivisions.
|
Subd. 2. Board
of Chiropractic Examiners |
|
508,000
|
|
490,000
|
This appropriation includes $10,000 for
information technology hardware to streamline board operations. This is a onetime appropriation. $15,000 is for a LEAN evaluation. This is a onetime appropriation. $2,000 in fiscal years 2014 and 2015 is for
rental of additional storage space.
|
Subd. 3. Board
of Dentistry |
|
2,059,000
|
|
2,056,000
|
This appropriation includes $843,000 in
fiscal year 2014 and $837,000 in fiscal year 2015 for the health professional
services program.
$15,000 in fiscal year 2014 is for repairs,
maintenance, furnishings, and ergonomic upgrades. This is a onetime appropriation. $35,000 in fiscal years 2014 and 2015 is for
additional staff to implement new regulatory activity. $20,000 in fiscal years 2014 and 2015 is for
database upgrades for regulatory and licensing activities. $10,000 in fiscal years 2014 and 2015 is for
professional and technical contracts for expert consultants to review complex
complaints, advise on specialty dentistry areas, and to serve as expert
witnesses in contested case matters.
|
Subd. 4. Board
of Dietetic and Nutrition Practice |
|
111,000 |
|
111,000 |
|
Subd. 5. Board
of Marriage and Family Therapy |
|
254,000 |
|
226,000 |
This appropriation includes $25,000 in
fiscal year 2014 for rulemaking. This is
a onetime appropriation. $31,000 in
fiscal year 2014 and $27,000 in fiscal year 2015 are for additional staff to
improve licensing and licensing renewal activities. $30,000 in fiscal year 2014 and $31,000 in
fiscal year 2015 are to increase the executive director to a full-time
position.
The remaining balance of the
state government special revenue fund appropriation in Laws 2011, First Special
Session chapter 9, article 10, section 8, subdivision 5, for Board of Marriage
and Family Therapy rulemaking, estimated to be $25,000, is canceled. This paragraph is effective the day following
final enactment.
|
Subd. 6. Board
of Medical Practice |
|
3,867,000 |
|
3,867,000 |
|
Subd. 7. Board
of Nursing |
|
3,637,000 |
|
3,637,000 |
|
Subd. 8. Board
of Nursing Home Administrators |
|
3,742,000 |
|
2,252,000 |
Administrative
Services Unit - Operating Costs. Of
this appropriation, $676,000 in fiscal year 2014 and $626,000 in fiscal year
2015 are for operating costs of the administrative services unit. The administrative services unit may receive
and expend reimbursements for services performed by other agencies.
Administrative
Services Unit - Volunteer Health Care Provider Program. Of this appropriation, $150,000 in
fiscal year 2014 and $150,000 in fiscal year 2015 are to pay for medical
professional liability coverage required
under Minnesota Statutes, section 214.40.
Administrative
Services Unit - Contested Cases and Other Legal Proceedings. Of this appropriation, $200,000 in
fiscal year 2014 and $200,000 in fiscal year 2015 are for costs of contested
case hearings and other unanticipated costs of legal proceedings involving
health-related boards funded under this section. Upon certification of a health-related board
to the administrative services unit that the costs will be incurred and that
there is insufficient money available to pay for the costs out of money
currently available to that board, the administrative services unit is
authorized to transfer money from this appropriation to the board for payment
of those costs with the approval of the commissioner of management and budget.
This appropriation includes $44,000 in
fiscal year 2014 for rulemaking. This is
a onetime appropriation. $1,441,000 in
fiscal year 2014 and $420,000 in fiscal year 2015 are for the development of a
shared disciplinary, regulatory, licensing, and information management system. $391,000 in fiscal year 2014 is a onetime
appropriation for retirement costs in the health-related boards. This funding may be transferred to the health
boards incurring retirement costs. These
funds are available either year of the biennium.
This appropriation includes $16,000 in
fiscal years 2014 and 2015 for evening security, $2,000 in fiscal years 2014
and 2015 for a state vehicle lease, and $18,000 in fiscal years 2014 and 2015
for shared office space and administrative support. $205,000 in fiscal year 2014 and $221,000 in
fiscal year 2015 are for shared information technology services, equipment, and
maintenance.
The remaining balance of the
state government special revenue fund appropriation in Laws 2011, First Special
Session chapter 9, article 10, section 8, subdivision 8, for Board of Nursing
Home Administrators rulemaking, estimated to be $44,000, is canceled, and the
remaining balance of the state government special revenue fund appropriation in
Laws 2011, First Special Session chapter 9, article 10, section 8, subdivision
8, for electronic licensing system adaptors, estimated to be $761,000, and for
the development and implementation of a disciplinary, regulatory, licensing,
and information management system, estimated to be $1,100,000, are canceled. This paragraph is effective the day following
final enactment.
Base
Adjustment. The base is
decreased by $370,000 in fiscal years 2016 and 2017.
|
Subd. 9. Board
of Optometry |
|
107,000 |
|
107,000 |
|
Subd. 10. Board
of Pharmacy |
|
2,555,000 |
|
2,555,000 |
Prescription
Electronic Reporting. Of this
appropriation, $356,000 in fiscal year 2014 and $356,000 in fiscal year 2015
from the state government special revenue fund are to the board to operate the
prescription monitoring program in Minnesota Statutes, section 152.126.
|
Subd. 11. Board
of Physical Therapy |
|
390,000
|
|
346,000
|
This appropriation includes $44,000 in
fiscal year 2014 for rulemaking. This is
a onetime appropriation.
The remaining balance of the state
government special revenue fund appropriation in Laws 2011, First Special
Session chapter 9, article 10, section 8, subdivision 11, for Board of Physical
Therapy rulemaking, estimated to be $44,000, is canceled. This paragraph is effective the day following
final enactment.
|
Subd. 12. Board
of Podiatry |
|
76,000 |
|
76,000 |
|
Subd. 13. Board
of Psychology |
|
892,000 |
|
892,000 |
This appropriation includes $15,000 in
fiscal years 2014 and 2015 for continuing educational programming. $5,000 in fiscal years 2014 and 2015 are for
a public education program. $25,000 in
fiscal years 2014 and 2015 are for development of educational materials. This is a onetime appropriation.
Base
Adjustment. The base is
decreased by $45,000 in fiscal years 2016 and 2017.
|
Subd. 14. Board
of Social Work |
|
1,109,000
|
|
1,110,000
|
This appropriation includes $55,000 in
fiscal year 2014 and $56,000 in fiscal year 2015 for additional staff to
enhance the board's complaint resolution process.
|
Subd. 15. Board
of Veterinary Medicine |
|
262,000
|
|
256,000
|
This appropriation includes $32,000 in
fiscal year 2014 and $26,000 in fiscal year 2015 for additional staff to
improve the board's complaint resolution process.
|
Subd. 16. Board
of Behavioral Health and Therapy |
|
471,000
|
|
465,000
|
This appropriation includes $56,000 in
fiscal year 2014 and $50,000 in fiscal year 2015 for additional staff to
enhance the licensing and complaint resolution processes of the board.
|
Sec. 5. EMERGENCY
MEDICAL SERVICES REGULATORY BOARD |
$2,741,000 |
|
$2,741,000 |
Regional
Grants. $585,000 in fiscal
year 2014 and $585,000 in fiscal year 2015 are for regional emergency medical
services programs, to be distributed equally to the eight emergency medical
service regions.
Cooper/Sams
Volunteer Ambulance Program. $700,000
in fiscal year 2014 and $700,000 in fiscal year 2015 are for the Cooper/Sams
volunteer ambulance program under Minnesota Statutes, section 144E.40.
(a) Of
this amount, $611,000 in fiscal year 2014 and $611,000 in fiscal year 2015 are for
the ambulance service personnel longevity award and incentive program under
Minnesota Statutes, section 144E.40.
(b) Of this amount, $89,000 in fiscal year
2014 and $89,000 in fiscal year 2015 are for the operations of the ambulance
service personnel longevity award and incentive program under Minnesota
Statutes, section 144E.40.
Ambulance
Training Grant. $361,000 in
fiscal year 2014 and $361,000 in fiscal year 2015 are for training grants.
EMSRB
Board Operations. $1,095,000
in fiscal year 2014 and $1,095,000 in fiscal year 2015 are for operations.
|
Sec. 6. COUNCIL
ON DISABILITY |
|
$614,000 |
|
$614,000 |
|
Sec. 7. OMBUDSMAN
FOR MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES |
$1,654,000 |
|
$1,654,000 |
|
Sec. 8. OMBUDSPERSON
FOR FAMILIES |
|
$333,000 |
|
$334,000 |
Sec. 9. Minnesota Statutes 2012, section 256.01, subdivision 34, is amended to read:
Subd. 34. Federal administrative reimbursement dedicated. Federal administrative reimbursement resulting from the following activities is appropriated to the commissioner for the designated purposes:
(1) reimbursement for the Minnesota senior
health options project; and
(2) reimbursement related to
prior authorization and inpatient admission certification by a professional
review organization. A portion of these
funds must be used for activities to decrease unnecessary pharmaceutical costs
in medical assistance.; and
(3) reimbursement resulting from the
federal child support grant expenditures authorized under United States Code,
title 42, section 1315.
Sec. 10. Minnesota Statutes 2012, section 256.01, is amended by adding a subdivision to read:
Subd. 35. Federal
reimbursement for privatized adoption grants. Federal reimbursement for privatized
adoption grant and foster care recruitment grant expenditures is appropriated
to the commissioner for adoption grants and foster care and adoption
administrative purposes.
Sec. 11. Minnesota Statutes 2012, section 256.01, is amended by adding a subdivision to read:
Subd. 36. DHS
receipt center accounting. The
commissioner may transfer appropriations to, and account for DHS receipt center
operations in, the special revenue fund.
Sec. 12. APPROPRIATION
ADJUSTMENTS.
(a) The general fund appropriation in
section 2, subdivision 5, paragraph (g), includes up to $53,391,000 in fiscal
year 2014; $216,637,000 in fiscal year 2015; $261,660,000 in fiscal year 2016;
and $279,984,000 in fiscal year 2017, for medical assistance eligibility and
administration changes related to:
(1) eligibility for children age two to 18
with income up to 275 percent of the federal poverty guidelines;
(2) eligibility for pregnant women with
income up to 275 percent of the federal poverty guidelines;
(3) Affordable Care Act enrollment and
renewal processes, including elimination of six-month renewals, ex parte
eligibility reviews, preprinted renewal forms, changes in verification
requirements, and other changes in the eligibility determination and enrollment
and renewal process;
(4) automatic eligibility for children
who turn 18 in foster care until they reach age 26;
(5) eligibility related to spousal
impoverishment provisions for waiver recipients; and
(6) presumptive eligibility
determinations by hospitals.
(b) The commissioner of human services
shall determine the difference between the actual or forecasted costs to the
medical assistance program attributable to the program changes in paragraph
(a), clauses (1) to (6), and the costs of paragraph (a), clauses (1) to (6),
that were estimated during the 2013 legislative session based on data from the
2013 February forecast. The costs in
this paragraph must be calculated between January 1, 2014, and June 30, 2017.
(c) For each fiscal year from 2014 to
2017, the commissioner of human services shall certify the actual or forecasted
cost differences to the medical assistance program determined under paragraph
(b), and report the difference in costs to the commissioner of management and
budget at least four weeks prior to a forecast under Minnesota Statutes,
section 16A.103. No later than three
weeks before the release of the forecast under Minnesota Statutes, section
16A.103, the commissioner of management and budget shall reduce the health care
access fund appropriation in section 2, subdivision 5, paragraph (g), by the
cumulative difference in costs determined in paragraph (b). If for any fiscal year, the amount of the
cumulative cost differences determined under paragraph (b) is positive, no
adjustment shall be made to the health care access fund appropriation. If for any fiscal year, the amount of the
cumulative cost differences determined under paragraph (b) is less than the
original appropriation, the appropriation for that fiscal year is zero.
(d) This section expires on January 1,
2018.
Sec. 13. TRANSFERS.
Subdivision 1. Grants. The commissioner of human services,
with the approval of the commissioner of management and budget, may transfer
unencumbered appropriation balances for the biennium ending June 30, 2015,
within fiscal years among the MFIP, general assistance, general assistance
medical care under Minnesota Statutes 2009 Supplement, section 256D.03,
subdivision 3, medical assistance, MinnesotaCare, MFIP child care assistance
under Minnesota Statutes, section 119B.05, Minnesota supplemental aid, group
residential housing programs, the entitlement portion of the chemical
dependency consolidated treatment fund, and between fiscal years of the
biennium. The commissioner shall inform
the chairs and ranking minority members of the senate Health and Human Services
Finance Division and the house of representatives Health and Human Services
Finance Committee quarterly about transfers made under this provision.
Subd. 2. Administration. Positions, salary money, and nonsalary
administrative money may be transferred within the Departments of Human
Services and Health as the commissioners consider necessary, with the advance
approval of the commissioner of management and budget. The commissioner shall inform the chairs and
ranking minority members of the senate Health and Human Services Finance
Division and the house of representatives Health and Human Services Finance
Committee quarterly about transfers made under this provision.
Sec. 14. INDIRECT
COSTS NOT TO FUND PROGRAMS.
The commissioners of health and human
services shall not use indirect cost allocations to pay for the operational
costs of any program for which they are responsible.
Sec. 15. EXPIRATION
OF UNCODIFIED LANGUAGE.
All uncodified language contained in
this article expires on June 30, 2015, unless a different expiration date is
explicit.
Sec. 16. EFFECTIVE
DATE.
This article is effective July 1, 2013,
unless a different effective date is specified.
ARTICLE 15
REFORM 2020 CONTINGENT APPROPRIATIONS
|
Section 1. HEALTH
AND HUMAN SERVICES APPROPRIATIONS.
|
The sums shown in the columns marked
"Appropriations" are appropriated to the agencies and for the
purposes specified in this article. The
appropriations are from the general fund, or another named fund, and are
available for the fiscal years indicated for each purpose. The figures "2014" and
"2015" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2014, or June 30, 2015,
respectively. "The first year"
is fiscal year 2014. "The second
year" is fiscal year 2015. "The
biennium" is fiscal years 2014 and 2015.
|
|
|
|
APPROPRIATIONS |
||
|
|
|
|
Available for the Year |
||
|
|
|
|
Ending June 30 |
||
|
|
|
|
2014 |
2015 |
|
|
Sec. 2. COMMISSIONER
OF HUMAN SERVICES |
|
|
|
|
|
Subdivision 1. Total
Appropriation |
|
$2,144,000
|
|
$214,000
|
|
Subd. 2. Central
Office |
|
|
|
|
The amounts that may be spent from this
appropriation for each purpose are as follows:
|
(a) Operations |
|
2,909,000
|
|
8,957,000
|
Base
Adjustment. The general fund
base is decreased by $8,916,000 in fiscal year 2016 and $8,916,000 in fiscal
year 2017.
|
(b) Children and Families |
|
109,000
|
|
206,000
|
|
(c) Continuing Care |
|
2,849,000
|
|
3,574,000
|
Base
Adjustment. The general fund
base is decreased by $2,000 in fiscal year 2016 and by $27,000 in fiscal year
2017.
|
(d) Group Residential Housing |
|
(1,166,000)
|
|
(8,602,000)
|
|
(e) Medical Assistance |
|
(3,950,000)
|
|
(6,420,000)
|
|
(f) Alternative Care |
|
(7,386,000)
|
|
(6,851,000)
|
|
(g) Child and Community Service Grants |
|
3,000,000
|
|
3,000,000
|
|
(h) Aging and Adult Services Grants |
|
5,365,000
|
|
5,936,000
|
Gaps
Analysis. In fiscal year
2014, and in each even-numbered year thereafter, $435,000 is appropriated to
conduct an analysis of gaps in long-term care services under Minnesota
Statutes, section 144A.351. This is a
biennial appropriation. The base is
increased by $435,000 in fiscal year 2016.
Notwithstanding any contrary provisions in this article, this provision
does not expire.
Base
Adjustment. The general fund
base is increased by $498,000 in fiscal year 2016, and decreased by $124,000 in
fiscal year 2017.
|
(i) Disabilities Grants |
|
414,000
|
|
414,000
|
Sec. 3. FEDERAL
APPROVAL.
(a) The implementation of this article
and article 2 is contingent on federal approval.
(b) Upon full or partial approval of
the waiver application, the commissioner of human services shall submit to the
commissioner of management and budget a plan for implementing the provisions in
this article that received federal approval as well as any provisions that do
not require federal approval. The plan
must:
(1) include fiscal estimates that, with
federal administrative reimbursement, do not increase the general fund
appropriations to the commissioner of human services in fiscal years 2014 and
2015; and
(2)
include a fiscal estimate for the systems modernization appropriation, which
cannot exceed $11,598,000 for the biennium ending June 30, 2015.
(c) Upon approval by the commissioner
of management and budget, the commissioner of human services may implement the
plan.
(d) The commissioner of management and
budget must notify the chairs and ranking minority members of the legislative
committees with jurisdiction over health and human services finance when the
plan is approved. The plan must be made
publicly available.
Sec. 4. IMPLEMENTATION
OF REFORM 2020 CONTINGENT PROVISIONS AND ADJUSTMENTS TO APPROPRIATIONS AND
PLANNING ESTIMATES.
Upon approval of the plan in section 3,
the commissioner of management and budget shall make necessary adjustments to
the appropriations in this article to reflect the effective date of federal
approval. The adjustments must include
the nondedicated revenue attributable to the provisions of this article and the
related planning estimates for fiscal years 2016 and 2017 must reflect the
revised fiscal estimates attributable to the provisions in this article. The revised appropriations for fiscal years
2014 and 2015 shall be included in the forecast and must not increase the
appropriations to the commissioner of human services for fiscal years 2014 and
2015. If the adjustments to the planning
estimates for fiscal years 2016 and 2017 result in increased general fund
expenditure estimates for the commissioner of human services attributable to
the provisions in this article, when compared to the planning estimates
attributable to the provision in this article made in the February 2013
forecast, none of the provisions in this article shall be implemented.
ARTICLE 16
HUMAN SERVICES FORECAST ADJUSTMENTS
|
Section 1. COMMISSIONER OF HUMAN SERVICES |
|
|
|
|
Subdivision 1. Total
Appropriation |
|
$(161,031,000) |
|
|
|
Appropriations
by Fund |
||
|
|
||
|
|
2013
|
|
|
|
|
|
|
General Fund |
(158,668,000)
|
|
|
Health Care Access |
(7,179,000)
|
|
|
TANF |
4,816,000
|
|
|
Subd. 2. Forecasted
Programs |
|
|
|
|
|
|
(a) MFIP/DWP Grants |
|
|
|
|
|
|
Appropriations
by Fund |
||
|
|
||
|
General Fund |
(8,211,000)
|
|
|
TANF |
4,399,000
|
|
|
(b) MFIP Child Care Assistance Grants |
|
10,113,000
|
|
|
|
(c) General Assistance Grants |
|
3,230,000
|
|
|
|
(d) Minnesota Supplemental Aid Grants |
|
(1,008,000)
|
|
|
|
(e) Group Residential Housing Grants |
|
(5,423,000)
|
|
|
|
(f) MinnesotaCare Grants |
|
(7,179,000)
|
|
|
This appropriation is
from the health care access fund.
|
(g) Medical Assistance Grants |
|
(159,733,000)
|
|
|
|
(h) Alternative Care Grants |
|
-0-
|
|
|
|
(i) CD Entitlement Grants |
|
2,364,000
|
|
|
|
Subd. 3. Technical
Activities |
|
417,000
|
|
|
This appropriation is
from the TANF fund.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
ARTICLE 17
NORTHSTAR CARE FOR CHILDREN
Section 1. Minnesota Statutes 2012, section 256.0112, is amended by adding a subdivision to read:
Subd. 10. Contracts
for child foster care services. When
local agencies negotiate lead county contracts or purchase of service contracts
for child foster care services, the foster care maintenance payment made on
behalf of the child shall follow the provisions of Northstar Care for Children,
chapter 256N. Foster care maintenance
payments as defined in section 256N.02, subdivision 15, represent costs for
activities similar in nature to those expected of parents and do not cover
services rendered by the licensed or tribally approved foster parent, facility,
or administrative costs or fees. Payments
made to foster parents must follow the requirements of section 256N.26,
subdivision 15. The legally responsible
agency must provide foster parents with the assessment and notice as specified
in section 256N.24. The financially
responsible agency is permitted to make additional payments for specific
services provided by the foster parents or facility, as permitted in section
256N.21, subdivision 5. These additional
payments are not considered foster care maintenance.
Sec. 2. Minnesota Statutes 2012, section 256.82, subdivision 2, is amended to read:
Subd. 2. Foster
care maintenance payments. Beginning
January 1, 1986, For the purpose of foster care maintenance payments under
title IV-E of the Social Security Act, United States Code, title 42, sections
670 to 676, the county paying the maintenance costs must be reimbursed for the
costs from the federal money available for the purpose. Beginning July 1, 1997, for the purposes of
determining a child's eligibility under title IV-E of the Social Security Act,
the placing agency shall use AFDC requirements in effect on July 16, 1996.
Sec. 3. Minnesota Statutes 2012, section 256.82, subdivision 3, is amended to read:
Subd. 3. Setting
foster care standard rates. (a)
The commissioner shall annually establish minimum standard maintenance
rates for foster care maintenance and including supplemental
difficulty of care payments for all children in foster care eligible
for Northstar Care for Children under chapter 256N.
(b) All children entering foster care on or after January 1, 2015, are eligible for Northstar Care for Children under chapter 256N. Any increase in rates shall in no case exceed three percent per annum.
(c) All children in foster care on
December 31, 2014, must remain in the pre-Northstar Care for Children foster
care program under sections 256N.21, subdivision 6, and 260C.4411, subdivision
1. The rates for the pre-Northstar Care
for Children foster care program shall remain those in effect on January 1,
2013.
Sec. 4. [256N.001]
CITATION.
Sections 256N.001 to 256N.28 may be
cited as the "Northstar Care for Children Act." Sections 256N.001 to
256N.28 establish Northstar Care for Children, which authorizes certain
benefits to support a child in need who is served by the Minnesota child
welfare system and who is the responsibility of the state, local county social
service agencies, or tribal social service agencies authorized under section
256.01, subdivision 14b, or are otherwise eligible for federal adoption
assistance. A child eligible under this
chapter has experienced a child welfare intervention that has resulted in the
child being placed away from the child's parents' care and is receiving foster
care services consistent with chapter 260B, 260C, or 260D, or is in the
permanent care of relatives through a transfer of permanent legal and physical
custody, or in the permanent care of adoptive parents.
Sec. 5. [256N.01]
PUBLIC POLICY.
(a) The legislature declares that the
public policy of this state is to keep children safe from harm and to ensure
that when children suffer harmful or injurious experiences in their lives,
appropriate services are immediately available to keep them safe.
(b) Children do best in permanent,
safe, nurturing homes where they can maintain lifelong relationships with
adults. Whenever safely possible,
children are best served when they can be nurtured and raised by their parents. Where services cannot be provided to allow a
child to remain safely at home, an out-of-home placement may be required. When this occurs, reunification should be
sought if it can be accomplished safely.
When it is not possible for parents to provide safety and permanency for
their children, an alternative permanent home must quickly be made available to
the child, drawing from kinship sources whenever possible.
(c) Minnesota understands the
importance of having a comprehensive approach to temporary out-of-home care and
to permanent homes for children who cannot be reunited with their families. It is critical that stable benefits be
available to caregivers to ensure that the child's needs can be met whether the
child's situation and best interests call for temporary foster care, transfer
of permanent legal and physical custody to a relative, or adoption. Northstar Care for Children focuses on the
child's needs and strengths, and the actual level of care provided by the
caregiver, without consideration for the type of placement setting. In this way caregivers are not faced with the
burden of making specific long-term decisions based upon competing financial
incentives.
Sec. 6. [256N.02]
DEFINITIONS.
Subdivision 1. Scope. For the purposes of sections 256N.001
to 256N.28, the terms defined in this section have the meanings given them.
Subd. 2. Adoption
assistance. "Adoption
assistance" means medical coverage as allowable under section 256B.055 and
reimbursement of nonrecurring expenses associated with adoption and may include
financial support provided under agreement with the financially responsible
agency, the commissioner, and the parents of an adoptive child whose special
needs would otherwise make it difficult to place the child for adoption to
assist with the cost of caring for the child.
Financial support may include a basic rate payment and a supplemental
difficulty of care rate.
Subd. 3. Assessment. "Assessment" means the
process under section 256N.24 that determines the benefits an eligible child
may receive under section 256N.26.
Subd. 4. 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 which 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. 5. Basic
rate. "Basic rate"
means the maintenance payment made on behalf of a child to support the costs
caregivers incur to provide for 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 typical
travel to the child's home for visitation, and reasonable travel for the child
to remain in the school in which the child is enrolled at the time of
placement.
Subd. 6. Caregiver. "Caregiver" means the foster
parent or parents of a child in foster care who meet the requirements of
emergency relative placement, licensed foster parents under chapter 245A, or
foster parents licensed or approved by a tribe; the relative custodian or
custodians; or the adoptive parent or parents who have legally adopted a child.
Subd. 7. Commissioner. "Commissioner" means the
commissioner of human services or any employee of the Department of Human
Services to whom the commissioner has delegated appropriate authority.
Subd. 8. County
board. "County
board" means the board of county commissioners in each county.
Subd. 9. 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 must be considered in determining if the limitation is substantial.
Subd. 10. Financially
responsible agency. "Financially
responsible agency" means the agency that is financially responsible for a
child. These agencies include both local
social service agencies under section 393.07 and tribal social service agencies
authorized in section 256.01, subdivision 14b, as part of the American Indian
Child Welfare Initiative, and Minnesota tribes who assume financial
responsibility of children from other states.
Under Northstar Care for Children, the agency that is financially
responsible at the time of placement for foster care continues to be
responsible under section 256N.27 for the local share of any maintenance
payments, even after finalization of the adoption of transfer of permanent
legal and physical custody of a child.
Subd. 11. Guardianship
assistance. "Guardianship
assistance" means medical coverage, as allowable under section 256B.055,
and reimbursement of nonrecurring expenses associated with obtaining permanent legal
and physical custody of a child, and may include financial support provided
under agreement with the financially responsible agency, the commissioner, and
the relative who has received a transfer of permanent legal and physical
custody of a child. Financial support
may include a basic rate payment and a supplemental difficulty of care rate to
assist with the cost of caring for the child.
Subd. 12. Human
services board. "Human
services board" means a board established under section 402.02; Laws 1974,
chapter 293; or Laws 1976, chapter 340.
Subd. 13. Initial
assessment. "Initial
assessment" means the assessment conducted within the first 30 days of a
child's initial placement into foster care under section 256N.24, subdivisions
4 and 5.
Subd. 14. Legally
responsible agency. "Legally
responsible agency" means the Minnesota agency that is assigned
responsibility for placement, care, and supervision of the child through a
court order, voluntary placement agreement, or voluntary relinquishment. These agencies include local social service
agencies under section 393.07, tribal social service agencies authorized in
section 256.01, subdivision 14b, and Minnesota tribes that assume court
jurisdiction when legal responsibility is transferred to the tribal social
service agency through a Minnesota district court order. A Minnesota local social service agency is
otherwise financially responsible.
Subd. 15. Maintenance
payments. "Maintenance
payments" means the basic rate plus any supplemental difficulty of care
rate under Northstar Care for Children. It
specifically does not include the cost of initial clothing allowance, payment
for social services, or administrative payments to a child-placing agency. Payments are paid consistent with section
256N.26.
Subd. 16. Permanent
legal and physical custody. "Permanent
legal and physical custody" means a transfer of permanent legal and
physical custody to a relative ordered by a Minnesota juvenile court under
section 260C.515, subdivision 4, or for a child under jurisdiction of a tribal
court, a judicial determination under a similar provision in tribal code which
means that a relative will assume the duty and authority to provide care,
control, and protection of a child who is residing in foster care, and to make
decisions regarding the child's education, health care, and general welfare
until adulthood.
Subd. 17. Reassessment. "Reassessment" means an
update of a previous assessment through the process under section 256N.24 for a
child who has been continuously eligible for Northstar Care for Children, or
when a child identified as an at-risk child (Level A) under guardianship or
adoption assistance has manifested the disability upon which eligibility for
the agreement was based according to section 256N.25, subdivision 3, paragraph
(b). A reassessment may be used to
update an initial assessment, a special assessment, or a previous reassessment.
Subd. 18. Relative. "Relative," as described in
section 260C.007, subdivision 27, 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 the law or custom of the Indian
child's tribe or, in the absence of law or custom, nieces, nephews, or first or
second cousins, as provided in the Indian Child Welfare Act of 1978, United
States Code, title 25, section 1903.
Subd. 19. Relative
custodian. "Relative
custodian" means a person to whom permanent legal and physical custody of
a child has been transferred under section 260C.515, subdivision 4, or for a
child under jurisdiction of a tribal court, a judicial determination under a
similar provision in tribal code, which means that a relative will assume the
duty and authority to provide care, control, and protection of a child who is
residing in foster care, and to make decisions regarding the child's education,
health care, and general welfare until adulthood.
Subd. 20. Special
assessment. "Special
assessment" means an assessment performed under section 256N.24 that
determines the benefits that an eligible child may receive under section
256N.26 at the time when a special assessment is required. A special assessment is used when a child's
status within Northstar Care is shifted from a pre-Northstar Care program into
Northstar Care for Children and when the commissioner determines that a special
assessment is appropriate instead of assigning the transition child to a level
under section 256N.28.
Subd. 21. Supplemental
difficulty of care rate. "Supplemental
difficulty of care rate" means the supplemental payment under section
256N.26, if any, as determined by the financially responsible agency or the
state, based upon an assessment under section 256N.24. The rate must support activities consistent
with the care a parent provides a child with special needs and not the
equivalent of a purchased service. The
rate must consider the capacity and intensity of the activities associated with
parenting duties provided in the home to nurture the child, preserve the
child's connections, and support the child's functioning in the home and
community.
Sec. 7. [256N.20]
NORTHSTAR CARE FOR CHILDREN; GENERALLY.
Subdivision 1. Eligibility. A child is eligible for Northstar Care
for Children if the child is eligible for:
(1) foster care under section 256N.21;
(2) guardianship assistance under
section 256N.22; or
(3) adoption assistance under section
256N.23.
Subd. 2. Assessments. Except as otherwise specified, a child
eligible for Northstar Care for Children shall receive an assessment under
section 256N.24.
Subd. 3. Agreements. When a child is eligible for
guardianship assistance or adoption assistance, negotiations with caregivers
and the development of a written, binding agreement must be conducted under
section 256N.25.
Subd. 4. Benefits
and payments. A child
eligible for Northstar Care for Children is entitled to benefits specified in
section 256N.26, based primarily on assessments under section 256N.24, and, if
appropriate, negotiations and agreements under section 256N.25. Although paid to the caregiver, these
benefits must be considered benefits of the child rather than of the caregiver.
Subd. 5. Federal,
state, and local shares. The
cost of Northstar Care for Children must be shared among the federal
government, state, counties of financial responsibility, and certain tribes as
specified in section 256N.27.
Subd. 6. Administration
and appeals. The commissioner
and financially responsible agency, or other agency designated by the
commissioner, shall administer Northstar Care for Children according to section
256N.28. The notification and fair
hearing process applicable to this chapter is defined in section 256N.28.
Subd. 7. Transition. A child in foster care, relative
custody assistance, or adoption assistance prior to January 1, 2015, who
remains with the same caregivers continues to receive benefits under programs
preceding Northstar Care for Children, unless the child moves to a new foster
care placement, permanency is obtained for the child, or the commissioner
initiates transition of a child receiving pre-Northstar Care for Children
relative custody assistance, guardianship assistance, or adoption assistance
under this chapter. Provisions for the
transition to Northstar Care for Children for certain children in preceding
programs are specified in section 256N.28, subdivisions 2 and 7. Additional provisions for children in: foster care are specified in section 256N.21,
subdivision 6; relative custody assistance under section 257.85 are specified
in section 256N.22, subdivision 12; and adoption assistance under chapter 259A
are specified in section 256N.23, subdivision 13.
Sec. 8. [256N.21]
ELIGIBILITY FOR FOSTER CARE BENEFITS.
Subdivision 1. General
eligibility requirements. (a)
A child is eligible for foster care benefits under this section if the child
meets the requirements of subdivision 2 on or after January 1, 2015.
(b) The financially responsible agency
shall make a title IV-E eligibility determination for all foster children
meeting the requirements of subdivision 2, provided the agency has such
authority under the state title IV-E plan.
To be eligible for title IV-E foster care, a child must also meet any
additional criteria specified in section 472 of the Social Security Act.
(c) Except as provided under section
256N.26, subdivision 1 or 6, the foster care benefit to the child under this
section must be determined under sections 256N.24 and 256N.26 through an
individual assessment. Information from
this assessment must be used to determine a potential future benefit under
guardianship assistance or adoption assistance, if needed.
(d) When a child is eligible
for additional services, subdivisions 3 and 4 govern the co-occurrence of
program eligibility.
Subd. 2. Placement
in foster care. To be
eligible for foster care benefits under this section, the child must be in
placement away from the child's legal parent or guardian and all of the
following criteria must be met:
(1) the legally responsible agency must
have placement authority and care responsibility, including for a child 18
years old or older and under age 21, who maintains eligibility for foster care
consistent with section 260C.451;
(2) the legally responsible agency must
have authority to place the child with a voluntary placement agreement or a
court order, consistent with sections 260B.198, 260C.001, 260D.01, or continued
eligibility consistent with section 260C.451; and
(3) the child must be placed in an
emergency relative placement under section 245A.035, a licensed foster family
setting, foster residence setting, or treatment foster care setting licensed
under Minnesota Rules, parts 2960.3000 to 2960.3340, a family foster home
licensed or approved by a tribal agency or, for a child 18 years old or older
and under age 21, an unlicensed supervised independent living setting approved
by the agency responsible for the youth's care.
Subd. 3. Minor
parent. A child who is a
minor parent in placement with the minor parent's child in the same home is
eligible for foster care benefits under this section. The foster care benefit is limited to the
minor parent, unless the legally responsible agency has separate legal
authority for placement of the minor parent's child.
Subd. 4. Foster
children ages 18 up to 21 placed in an unlicensed supervised independent living
setting. A foster child 18
years old or older and under age 21 who maintains eligibility consistent with
section 260C.451 and who is placed in an unlicensed supervised independent
living setting shall receive the level of benefit under section 256N.26.
Subd. 5. Excluded
activities. The basic and
supplemental difficulty of care payment represents costs for activities similar
in nature to those expected of parents, and does not cover services rendered by
the licensed or tribally approved foster
parent, facility, or administrative costs or fees. The financially responsible agency may pay an
additional fee for specific services provided by the licensed foster parent or
facility. A foster parent or residence
setting must distinguish such a service from the daily care of the child as
assessed through the process under section 256N.24.
Subd. 6. Transition
from pre-Northstar Care for Children program. (a) Section 256.82 establishes the
pre-Northstar Care for Children foster care program for all children residing
in family foster care on December 31, 2014.
Unless transitioned under paragraph (b), a child in foster care with the
same caregiver receives benefits under this pre-Northstar Care for Children
foster care program.
(b) Transition from the pre-Northstar
Care for Children foster care program to Northstar Care for Children takes
place on or after January 1, 2015, when the child:
(1) moves to a different foster home or
unlicensed supervised independent living setting;
(2) has permanent legal and physical
custody transferred and, if applicable, meets eligibility requirements in
section 256N.22;
(3) is adopted and, if applicable,
meets eligibility requirements in section 256N.23; or
(4) re-enters foster care after
reunification or a trial home visit.
(c) Upon becoming eligible, a
foster child must be assessed according to section 256N.24 and then transitioned
into Northstar Care for Children according to section 256N.28.
Sec. 9. [256N.22]
GUARDIANSHIP ASSISTANCE ELIGIBILITY.
Subdivision 1. General
eligibility requirements. (a)
To be eligible for guardianship assistance under this section, there must be a
judicial determination under section 260C.515, subdivision 4, that a transfer
of permanent legal and physical custody to a relative is in the child's best
interest. For a child under jurisdiction
of a tribal court, a judicial determination under a similar provision in tribal
code indicating that a relative will assume the duty and authority to provide
care, control, and protection of a child who is residing in foster care, and to
make decisions regarding the child's education, health care, and general
welfare until adulthood, and that this is in the child's best interest is
considered equivalent. Additionally, a
child must:
(1) have been removed from the child's
home pursuant to a voluntary placement agreement or court order;
(2)(i) have resided in foster care for
at least six consecutive months in the home of the prospective relative
custodian; or
(ii) have received an exemption from
the requirement in item (i) from the court based on a determination that:
(A) an expedited move to permanency is
in the child's best interest;
(B) expedited permanency cannot be
completed without provision of guardianship assistance; and
(C) the prospective relative custodian
is uniquely qualified to meet the child's needs on a permanent basis;
(3) meet the agency determinations
regarding permanency requirements in subdivision 2;
(4) meet the applicable citizenship and
immigration requirements in subdivision 3;
(5) have been consulted regarding the
proposed transfer of permanent legal and physical custody to a relative, if the
child is at least 14 years of age or is expected to attain 14 years of age
prior to the transfer of permanent legal and physical custody; and
(6) have a written, binding agreement
under section 256N.25 among the caregiver or caregivers, the financially
responsible agency, and the commissioner established prior to transfer of
permanent legal and physical custody.
(b) In addition to the requirements in
paragraph (a), the child's prospective relative custodian or custodians must
meet the applicable background study requirements in subdivision 4.
(c) To be eligible for title IV-E
guardianship assistance, a child must also meet any additional criteria in
section 473(d) of the Social Security Act.
The sibling of a child who meets the criteria for title IV-E
guardianship assistance in section 473(d) of the Social Security Act is
eligible for title IV-E guardianship assistance if the child and sibling are
placed with the same prospective relative custodian or custodians, and the
legally responsible agency, relatives, and commissioner agree on the
appropriateness of the arrangement for the sibling. A child who meets all eligibility criteria
except those specific to title IV-E guardianship assistance is entitled to
guardianship assistance paid through funds other than title IV-E.
Subd. 2. Agency
determinations regarding permanency.
(a) To be eligible for guardianship assistance, the legally
responsible agency must complete the following determinations regarding
permanency for the child prior to the transfer of permanent legal and physical
custody:
(1) a determination that
reunification and adoption are not appropriate permanency options for the
child; and
(2) a determination that the child
demonstrates a strong attachment to the prospective relative custodian and the
prospective relative custodian has a strong commitment to caring permanently
for the child.
(b) The legally responsible agency
shall document the determinations in paragraph (a) and the supporting information for completing each determination in
the case file and make them available for review as requested by the
financially responsible agency and the commissioner during the guardianship
assistance eligibility determination process.
Subd. 3. Citizenship
and immigration status. A child
must be a citizen of the United States or otherwise be 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
guardianship assistance.
Subd. 4. Background
study. (a) A background study
under section 245C.33 must be completed on each prospective relative custodian
and any other adult residing in the home of the prospective relative custodian. A background study on the prospective
relative custodian or adult residing in the household previously completed
under section 245C.04 for the purposes of foster care licensure may be used for
the purposes of this section, provided that the background study is current at
the time of the application for guardianship assistance.
(b) 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 a child,
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;
the prospective relative custodian is prohibited from
receiving guardianship assistance on behalf of an otherwise eligible child.
Subd. 5. Responsibility
for determining guardianship assistance eligibility. The commissioner shall determine
eligibility for:
(1) a child under the legal custody or
responsibility of a Minnesota county social service agency who would otherwise
remain in foster care;
(2) a Minnesota child under tribal
court jurisdiction who would otherwise remain in foster care; and
(3) an Indian child being
placed in Minnesota who meets title IV-E eligibility defined in section 473(d)
of the Social Security Act. The agency
or entity assuming responsibility for the child is responsible for the
nonfederal share of the guardianship assistance payment.
Subd. 6. Exclusions. (a) A child with a guardianship
assistance agreement under Northstar Care for Children is not eligible for the
Minnesota family investment program child-only grant under chapter 256J.
(b) The commissioner shall not enter
into a guardianship assistance agreement with:
(1) a child's biological parent;
(2) an individual assuming permanent
legal and physical custody of a child or the equivalent under tribal code
without involvement of the child welfare system; or
(3) an individual assuming permanent
legal and physical custody of a child who was placed in Minnesota by another
state or a tribe outside of Minnesota.
Subd. 7. Guardianship
assistance eligibility determination.
The financially responsible agency shall prepare a guardianship
assistance eligibility determination for review and final approval by the
commissioner. The eligibility
determination must be completed according to requirements and procedures and on
forms prescribed by the commissioner. Supporting
documentation for the eligibility determination must be provided to the
commissioner. The financially
responsible agency and the commissioner must make every effort to establish a child's eligibility for title IV-E guardianship
assistance. A child who is determined to
be eligible for guardianship assistance must have a guardianship assistance
agreement negotiated on the child's behalf according to section 256N.25.
Subd. 8. Termination
of agreement. (a) A
guardianship assistance agreement must be terminated 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 in
subdivision 11;
(2) the child has not attained the age
of 18 years of age, but the commissioner determines the relative custodian is
no longer legally responsible for support of the child;
(3)
the commissioner determines the relative custodian is no longer providing
financial support to the child up to age 21;
(4) the death of the child; or
(5) the relative custodian requests in
writing termination of the guardianship assistance agreement.
(b) A relative custodian is considered
no longer legally responsible for support of the child in any of the following
circumstances:
(1) permanent legal and physical
custody or guardianship of the child is transferred to another individual;
(2) the death of the relative custodian
under subdivision 9;
(3) the child enlists in the military;
(4) the child gets married; or
(5) the child is determined an
emancipated minor through legal action.
Subd. 9. Death
of relative custodian or dissolution of custody. The guardianship assistance agreement
ends upon death or dissolution of permanent legal and physical custody of both
relative custodians in the case of assignment of custody to two individuals, or
the sole relative custodian in the case of assignment of custody to one
individual. Guardianship assistance
eligibility may be continued according to subdivision 10.
Subd. 10. Assigning
a child's guardianship assistance to a court-appointed guardian or custodian. (a) Guardianship assistance may be
continued with the written consent of the commissioner to an individual who is
a guardian or custodian appointed by a court for the child upon the death of
both relative custodians in the case of assignment of custody to two
individuals, or the sole relative custodian in the case of assignment of
custody to one individual, unless the child is under the custody of a county,
tribal, or child-placing agency.
(b) Temporary assignment of
guardianship assistance may be approved for a maximum of six consecutive months
from the death of the relative custodian or custodians as provided in paragraph
(a) and must adhere to the policies and procedures prescribed by the
commissioner. If a court has not
appointed a permanent legal guardian or custodian within six months, the
guardianship assistance must terminate and must not be resumed.
(c) Upon assignment of assistance
payments under this subdivision, assistance must be provided from funds other
than title IV-E.
Subd. 11. Extension
of guardianship assistance after age 18.
(a) Under the circumstances outlined in paragraph (e), a child
may qualify for extension of the guardianship assistance agreement beyond the
date the child attains age 18, up to the date the child attains the age of 21.
(b) A request for extension of the
guardianship assistance agreement must be completed in writing and submitted,
including all supporting documentation, by the relative custodian to the
commissioner at least 60 calendar days prior to the date that the current
agreement will terminate.
(c) A signed amendment to the current
guardianship assistance agreement must be fully executed between the relative
custodian 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
requirements and procedures prescribed by the commissioner, including
documentation of eligibility, and on forms prescribed by the commissioner.
(d) If an agency is certifying a child
for guardianship 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
guardianship assistance application.
(e) A child who has attained the age of
16 prior to the effective date of the guardianship assistance agreement is
eligible for extension of the agreement up to the date the child attains age 21
if the child:
(1) is dependent on the relative
custodian for care and financial support; and
(2) meets at least one of the following
conditions:
(i) is completing a secondary education
program or a program leading to an equivalent credential;
(ii) is enrolled in an institution
which provides postsecondary or vocational education;
(iii) is participating in a program or
activity designed to promote or remove barriers to employment;
(iv)
is employed for at least 80 hours per month; or
(v) is incapable of doing any of the
activities described in items (i) to (iv) due to a medical condition where
incapability is supported by professional documentation according to the
requirements and procedures prescribed by the commissioner.
(f) A child who has not attained the age
of 16 prior to the effective date of the guardianship assistance agreement is
eligible for extension of the guardianship assistance agreement up to the date
the child attains the age of 21 if the child is:
(1) dependent on the relative custodian
for care and financial support; and
(2) possesses a physical or mental
disability which impairs the capacity for independent living and warrants
continuation of financial assistance, as determined by the commissioner.
Subd. 12. Beginning
guardianship assistance component of Northstar Care for Children. Effective November 27, 2014, a child
who meets the eligibility criteria for guardianship assistance in subdivision 1
may have a guardianship assistance agreement negotiated on the child's behalf
according to section 256N.25. The
effective date of the agreement must be January 1, 2015, or the date of the
court order transferring permanent legal and physical custody, whichever is
later. Except as provided under section
256N.26, subdivision 1, paragraph (c), the rate schedule for an agreement under
this subdivision is determined under section 256N.26 based on the age of the
child on the date that the prospective relative custodian signs the agreement.
Subd. 13. Transition
to guardianship assistance under Northstar Care for Children. The commissioner may execute
guardianship assistance agreements for a child with a relative custody
agreement under section 257.85 executed on the child's behalf on or before
November 26, 2014, in accordance with the priorities outlined in section
256N.28, subdivision 7, paragraph (b). To
facilitate transition into the guardianship assistance program, the
commissioner may waive any guardianship assistance eligibility requirements for
a child with a relative custody agreement under section 257.85 executed on the
child's behalf on or before November 26, 2014.
Agreements negotiated under this subdivision must be done according to
the process outlined in section 256N.28, subdivision 7. The maximum rate used in the negotiation
process for an agreement under this subdivision must be as outlined in section
256N.28, subdivision 7.
Sec. 10. [256N.23]
ADOPTION ASSISTANCE ELIGIBILITY.
Subdivision 1. General
eligibility requirements. (a)
To be eligible for adoption assistance under this section, a child must:
(1) be determined to be a child with
special needs under subdivision 2;
(2) meet the applicable citizenship and
immigration requirements in subdivision 3;
(3)(i) meet the criteria 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
tribe and be either under the guardianship of the commissioner or under the
jurisdiction of a Minnesota tribe and adoption, according to tribal law, is in
the child's documented permanency plan; and
(4) have a written, binding agreement
under section 256N.25 among the adoptive parent, the financially responsible
agency, or if there is no financially responsible agency, the agency designated
by the commissioner, and the commissioner established prior to finalization of
the adoption.
(b) In addition to the
requirements in paragraph (a), an eligible child's adoptive parent or parents
must meet the applicable background study requirements in subdivision 4.
(c) A child who meets all eligibility
criteria except those specific to title IV-E adoption assistance shall receive
adoption assistance paid through funds other than title IV-E.
Subd. 2. Special
needs determination. (a) A
child is considered a child with special needs under this section if the
requirements in paragraphs (b) to (g) are met.
(b) There must be a determination that
the child must not or should not be returned to the home of the child's parents
as evidenced by:
(1) a court-ordered termination of
parental rights;
(2) a petition to terminate parental
rights;
(3) consent of parent to adoption
accepted by the court under chapter 260C;
(4) in circumstances when tribal law
permits the child to be adopted without a termination of parental rights, a
judicial determination by a tribal court indicating the valid reason why the
child cannot or should not return home;
(5) a voluntary relinquishment under
section 259.25 or 259.47 or, if relinquishment occurred in another state, the
applicable laws in that state; or
(6) the death of the legal parent or
parents if the child has two legal parents.
(c) There exists a specific factor or
condition of which it is reasonable to conclude that the child cannot be placed
with adoptive parents without providing adoption assistance as evidenced by:
(1) a 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) a documented physical, mental,
emotional, or behavioral disability not covered under clause (1);
(3) a member of a sibling group being
adopted at the same time by the same parent;
(4) an 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 must have been 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) a 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 the foster parent's 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.
For an Indian child covered by the
Indian Child Welfare Act, a waiver must not be granted unless the child-placing
agency has complied with the placement preferences required by the Indian Child
Welfare Act, 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.221 and give consideration to placement with a
relative, as required by section 260C.212, subdivision 2;
(2) comply with the placement
preferences required by 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
prescribed by the commissioner.
(g) Once the legally responsible agency
has determined that placement with an identified parent is in the child's best
interests and made full written disclosure about the child's social and medical
history, the agency must ask the prospective adoptive parent if the prospective
adoptive parent is willing to adopt the child without receiving adoption
assistance under this section. If the
identified parent is either unwilling or unable to adopt the child without
adoption assistance, the legally responsible 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 is willing to adopt
the child without adoption assistance, the parent must provide a written
statement to this effect to the legally responsible agency and the statement
must be maintained in the permanent adoption record of the legally responsible
agency. For children under guardianship
of the commissioner, the legally responsible 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 adoption assistance paid through funds
other than title IV-E.
Subd. 4. Background
study. A background study
under section 259.41 must be completed on each prospective adoptive parent. 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 a child,
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;
the adoptive parent is prohibited from receiving adoption
assistance on behalf of an otherwise eligible child.
Subd. 5. Responsibility
for determining adoption assistance eligibility. The commissioner must determine
eligibility for:
(1) a 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 must not enter into
an adoption assistance agreement with the following individuals:
(1) a child's biological parent or
stepparent;
(2) a child's relative under 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 or 3, 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) an individual adopting a child who
is the subject of a direct adoptive placement under section 259.47 or the
equivalent in tribal code;
(4) a child's legal custodian or
guardian who is now adopting the child; 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 the United States for the purposes of
adoption.
Subd. 7. Adoption
assistance eligibility determination.
(a) The financially responsible agency shall prepare an adoption
assistance eligibility determination for review and final approval by the
commissioner. When there is no
financially responsible agency, the adoption assistance eligibility
determination must be completed by the agency designated by the commissioner. The eligibility determination must be
completed according to requirements and procedures and on forms prescribed by
the commissioner. The financially
responsible agency and the commissioner shall make every effort to establish a
child's eligibility for title IV-E adoption assistance. Documentation from a qualified expert for the
eligibility determination must be provided to the commissioner to verify that a
child meets the special needs criteria in subdivision 2. A child who is determined to be eligible for
adoption assistance must have an adoption assistance agreement negotiated on
the child's behalf according to section 256N.25.
(b) Documentation from a qualified expert
of a disability is limited to evidence deemed appropriate by the commissioner
and must be submitted to the commissioner with the eligibility determination. 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 at
risk of developing physical, mental, emotional, or behavioral disabilities must
be submitted according to policies and procedures prescribed by the
commissioner.
Subd. 8. Termination
of agreement. (a) An adoption
assistance agreement must 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 in
subdivision 12;
(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 the 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 the adoptive parent under
subdivision 9;
(4) the child enlists in the military;
(5) the child gets married; or
(6) the child is determined an
emancipated minor through legal action.
Subd. 9. 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 subdivision 10.
Subd. 10. Continuing
a child's 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 subdivision 2; and
(2) the subsequent adoptive parent
resides in Minnesota.
(b) If a child had a title IV-E
adoption assistance agreement in effect prior to the death of the adoptive
parent or dissolution of the adoption, and the subsequent adoptive parent
resides outside of Minnesota, the commissioner 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, the public child welfare agency
in the subsequent adoptive parent's residence is responsible for determining
whether the child meets the definition of special needs and entering into the
adoption assistance agreement.
Subd. 11. Assigning
a child's adoption assistance to a court-appointed guardian or custodian. (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 state 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 adoptive parent or parents under subdivision 9 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 a court has not
appointed a permanent legal guardian under section 260C.325, 525.5-313, or
similar law of another jurisdiction, the adoption assistance must terminate.
(c) Upon assignment of payments under
this subdivision, assistance must be from funds other than title IV-E.
Subd. 12. Extension
of adoption assistance agreement. (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.
(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 to the
commissioner 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, on forms prescribed by the commissioner.
(d) If an 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.
(e) A child who has attained the age of
16 prior to the 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 items (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.
(f) 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) possesses a physical or mental
disability that impairs the capacity for independent living and warrants
continuation of financial assistance as determined by the commissioner.
Subd. 13. Beginning
adoption assistance under Northstar Care for Children. Effective November 27, 2014, a child
who meets the eligibility criteria for adoption assistance in subdivision 1,
may have an adoption assistance agreement negotiated on the child's behalf
according to section 256N.25, and the effective date of the agreement must be
January 1, 2015, or the date of the court order finalizing the adoption,
whichever is later. Except as provided
under section 256N.26, subdivision 1, paragraph (c), the maximum rate schedule
for the agreement must be determined according to section 256N.26 based on the
age of the child on the date that the prospective adoptive parent or parents
sign the agreement.
Subd. 14. Transition
to adoption assistance under Northstar Care for Children. The commissioner may offer adoption
assistance agreements under this chapter to a child with an adoption assistance
agreement under chapter 259A executed on the child's behalf on or before
November 26, 2014, according to the priorities outlined in section 256N.28,
subdivision 7, paragraph (b). To
facilitate transition into the Northstar Care for Children adoption assistance
program, the commissioner has the authority to waive any Northstar Care for
Children adoption assistance eligibility requirements for a child with an
adoption assistance agreement under chapter 259A executed on the child's behalf
on or before November 26, 2014. Agreements
negotiated under this subdivision must be in accordance with the process in
section 256N.28, subdivision 7. The
maximum rate used in the negotiation process for an agreement under this
subdivision must be as outlined in section 256N.28, subdivision 7.
Sec. 11. [256N.24]
ASSESSMENTS.
Subdivision 1. Assessment. (a) Each child eligible under sections
256N.21, 256N.22, and 256N.23, must be assessed to determine the benefits the
child may receive under section 256N.26, in accordance with the assessment
tool, process, and requirements specified in subdivision 2.
(b) If an agency applies the emergency
foster care rate for initial placement under section 256N.26, the agency may
wait up to 30 days to complete the initial assessment.
(c) Unless otherwise specified in
paragraph (d), a child must be assessed at the basic level, level B, or one of
ten supplemental difficulty of care levels, levels C to L.
(d) An assessment must not be completed
for:
(1) a child eligible for guardianship
assistance under section 256N.22 or adoption assistance under section 256N.23
who is determined to be an at-risk child.
A child under this clause must be assigned level A under section 256N.26,
subdivision 1; and
(2) a child transitioning into
Northstar Care for Children under section 256N.28, subdivision 7, unless the
commissioner determines an assessment is appropriate.
Subd. 2. Establishment
of assessment tool, process, and requirements. Consistent with sections 256N.001 to
256N.28, the commissioner shall establish an assessment tool to determine the
basic and supplemental difficulty of care, and shall establish the process to
be followed and other requirements, including appropriate documentation, when
conducting the initial assessment of a child entering Northstar Care for
Children or when the special assessment and reassessments may be needed for
children continuing in the program. The
assessment tool must take into consideration the strengths and needs of the
child and the extra parenting provided by the caregiver to meet the child's
needs.
Subd. 3. Child
care allowance portion of assessment.
(a) The assessment tool established under subdivision 2 must
include consideration of the caregiver's need for child care under this
subdivision, with greater consideration for children of younger ages.
(b) The child's assessment must include
consideration of the caregiver's need for child care if the following criteria
are met:
(1) the child is under age 13;
(2) all available adult caregivers are
employed or attending educational or vocational training programs; and
(3) the caregiver does not receive
child care assistance for the child under chapter 119B.
(c) For children younger than seven
years of age, the level determined by the non-child care portions of the
assessment must be adjusted based on the average number of hours child care is
needed each week due to employment or attending a training or educational
program as follows:
(1) fewer than ten hours or if the
caregiver is participating in the child care assistance program under chapter
119B, no adjustment;
(2) ten to 19 hours or if needed during
school summer vacation or equivalent only, increase one level;
(3) 20 to 29 hours, increase two levels;
(4) 30 to 39 hours, increase three
levels; and
(5) 40 or more hours, increase four
levels.
(d) For children at least seven years of
age but younger than 13, the level determined by the non-child care portions of
the assessment must be adjusted based on the average number of hours child care
is needed each week due to employment or attending a training or educational
program as follows:
(1) fewer than 20 hours, needed during
school summer vacation or equivalent only, or if the caregiver is participating
in the child care assistance program under chapter 119B, no adjustment;
(2) 20 to 39 hours, increase one level;
and
(3) 40 or more hours, increase two
levels.
(e) When the child attains the age of
seven, the child care allowance must be reduced by reducing the level to that
available under paragraph (d). For
children in foster care, benefits under section 256N.26 must be automatically
reduced when the child turns seven. For
children who receive guardianship assistance or adoption assistance, agreements
must include similar provisions to ensure that the benefit provided to these
children does not exceed the benefit provided to children in foster care.
(f) When the child attains the age of
13, the child care allowance must be eliminated by reducing the level to that
available prior to any consideration of the caregiver's need for child care. For children in foster care, benefits under
section 256N.26 must be automatically reduced when the child attains the age of
13. For children who receive
guardianship assistance or adoption assistance, agreements must include similar
provisions to ensure that the benefit provided to these children does not
exceed the benefit provided to children in foster care.
(g) The child care allowance under this
subdivision is not available to caregivers who receive the child care
assistance under chapter 119B. A
caregiver receiving a child care allowance under this subdivision must notify
the commissioner if the caregiver subsequently receives the child care
assistance program under chapter 119B, and the level must be reduced to that
available prior to any consideration of the caregiver's need for child care.
(h) In establishing the assessment tool
under subdivision 2, the commissioner must design the tool so that the levels
applicable to the non-child care portions of the assessment at a given age
accommodate the requirements of this subdivision.
Subd. 4. Extraordinary
levels. (a) The assessment
tool established under subdivision 2 must provide a mechanism through which up
to five levels can be added to the supplemental difficulty of care for a
particular child under section 256N.26, subdivision 4. In establishing the assessment tool, the
commissioner must design the tool so that the levels applicable to the portions
of the assessment other than the extraordinary levels can accommodate the
requirements of this subdivision.
(b) These extraordinary levels
are available when all of the following circumstances apply:
(1) the child has extraordinary needs as
determined by the assessment tool provided for under subdivision 2, and the child meets other requirements established by
the commissioner, such as a minimum score on the assessment tool;
(2) the child's extraordinary needs
require extraordinary care and intense supervision that is provided by the
child's caregiver as part of the parental duties as described in the
supplemental difficulty of care rate, section 256N.02, subdivision 21. This extraordinary care provided by the
caregiver is required so that the child can be safely cared for in the home and
community, and prevents residential placement;
(3) the child is physically living in a
foster family setting, as defined in Minnesota Rules, part 2960.3010, subpart
23, or physically living in the home with the adoptive parent or relative
custodian; and
(4) the child is receiving the services
for which the child is eligible through medical assistance programs or other
programs that provide necessary services for children with disabilities or
other medical and behavioral conditions to live with the child's family, but
the agency with caregiver's input has identified a specific support gap that
cannot be met through home and community support waivers or other programs that
are designed to provide support for children with special needs.
(c) The agency completing an
assessment, under subdivision 2, that suggests an extraordinary level must
document as part of the assessment, the following:
(1) the assessment tool that determined
that the child's needs or disabilities require extraordinary care and intense
supervision;
(2) a summary of the extraordinary care and intense supervision that is provided by the caregiver as part of the parental duties as described in the supplemental difficulty of care rate, section 256N.02, subdivision 21;
(3) confirmation that the child is
currently physically residing in the foster family setting or in the home with
the adoptive parent or relative custodian;
(4) the efforts of the agency,
caregiver, parents, and others to request support services in the home and
community that would ease the degree of parental duties provided by the
caregiver for the care and supervision of the child. This would include documentation of the
services provided for the child's needs or disabilities, and the services that
were denied or not available from the local social service agency, community
agency, the local school district, local public health department, the parent
or child's medical insurance provider;
(5) the specific support gap identified
that places the child's safety and well-being at risk in the home or community
and is necessary to prevent residential placement; and
(6) the extraordinary care and intense
supervision provided by the foster, adoptive, or guardianship caregivers to
maintain the child safely in the child's home and prevent residential placement
that cannot be supported by medical assistance or other programs that provide
services, necessary care for children with disabilities, or other medical or
behavioral conditions in the home or community.
(d) An agency completing an assessment
under subdivision 2 that suggests an extraordinary level is appropriate must
forward the assessment and required documentation to the commissioner. If the commissioner approves, the extraordinary
levels must be retroactive to the date the assessment was forwarded.
Subd. 5. Timing
of initial assessment. For a
child entering Northstar Care for Children under section 256N.21, the initial
assessment must be completed within 30 days after the child is placed in foster
care.
Subd. 6. Completion
of initial assessment. (a)
The assessment must be completed in consultation with the child's caregiver. Face-to-face contact with the caregiver is
not required to complete the assessment.
(b) Initial assessments are completed
for foster children, eligible under section 256N.21.
(c) The initial assessment must be
completed by the financially responsible agency, in consultation with the
legally responsible agency if different, within 30 days of the child's
placement in foster care.
(d) If the foster parent is unable or
unwilling to cooperate with the assessment process, the child shall be assigned
the basic level, level B under section 256N.26, subdivision 3.
(e) Notice to the foster parent shall be
provided as specified in subdivision 12.
Subd. 7. Timing
of special assessment. (a) A
special assessment is required as part of the negotiation of the guardianship
assistance agreement under section 256N.22 if:
(1) the child was not placed in foster care
with the prospective relative custodian or custodians prior to the negotiation
of the guardianship assistance agreement under section 256N.25; or
(2) any requirement for reassessment
under subdivision 8 is met.
(b) A special assessment is required as
part of the negotiation of the adoption assistance agreement under section
256N.23 if:
(1) the child was not placed in foster
care with the prospective adoptive parent or parents prior to the negotiation
of the adoption assistance agreement under section 256N.25; or
(2) any requirement for reassessment
under subdivision 8 is met.
(c) A special assessment is required
when a child transitions from a pre-Northstar Care for Children program into
Northstar Care for Children if the commissioner determines that a special
assessment is appropriate instead of assigning the transition child to a level
under section 256N.28.
(d) The special assessment must be
completed prior to the establishment of a guardianship assistance or adoption
assistance agreement on behalf of the child.
Subd. 8. Completing
the special assessment. (a)
The special assessment must be completed in consultation with the child's
caregiver. Face-to-face contact with the
caregiver is not required to complete the special assessment.
(b) If a new special assessment is
required prior to the effective date of the guardianship assistance agreement,
it must be completed by the financially responsible agency, in consultation
with the legally responsible agency if different. If the prospective relative custodian is
unable or unwilling to cooperate with the special assessment process, the child
shall be assigned the basic level, level B under section 256N.26, subdivision
3, unless the child is known to be an at-risk child, in which case, the child shall
be assigned level A under section 256N.26, subdivision 1.
(c) If a special assessment is required
prior to the effective date of the adoption assistance agreement, it must be
completed by the financially responsible agency, in consultation with the legally
responsible agency if different. If
there is no financially responsible agency, the special assessment must be
completed by the agency designated by
the commissioner. If the prospective adoptive parent is unable
or unwilling to cooperate with the special assessment process, the child must
be assigned the basic level, level B under section 256N.26, subdivision 3,
unless the child is known to be an at-risk child, in which case, the child
shall be assigned level A under section 256N.26, subdivision 1.
(d) Notice to the prospective relative
custodians or prospective adoptive parents must be provided as specified in
subdivision 12.
Subd. 9. Timing
of and requests for reassessments. Reassessments
for an eligible child must be completed within 30 days of any of the following
events:
(1) for a child in continuous foster
care, when six months have elapsed since completion of the last assessment;
(2) for a child in continuous foster
care, change of placement location;
(3) for a child in foster care, at the
request of the financially responsible agency or legally responsible agency;
(4) at the request of the commissioner;
or
(5) at the request of the caregiver
under subdivision 9.
Subd. 10. Caregiver
requests for reassessments. (a)
A caregiver may initiate a reassessment request for an eligible child in
writing to the financially responsible agency or, if there is no financially
responsible agency, the agency designated by the commissioner. The written request must include the reason
for the request and the name, address, and contact information of the
caregivers. For an eligible child with a
guardianship assistance or adoption assistance agreement, the caregiver may
request a reassessment if at least six months have elapsed since any previously
requested review. For an eligible foster
child, a foster parent may request reassessment in less than six months with
written documentation that there have been significant changes in the child's
needs that necessitate an earlier reassessment.
(b) A caregiver may request a
reassessment of an at-risk child for whom a guardianship assistance or adoption
assistance agreement has been executed if the caregiver has satisfied the
commissioner with written documentation from a qualified expert that the
potential disability upon which eligibility for the agreement was based has
manifested itself, consistent with section 256N.25, subdivision 3, paragraph
(b).
(c) If the reassessment cannot be
completed within 30 days of the caregiver's request, the agency responsible for
reassessment must notify the caregiver of the reason for the delay and a
reasonable estimate of when the reassessment can be completed.
Subd. 11. Completion
of reassessment. (a) The
reassessment must be completed in consultation with the child's caregiver. Face-to-face contact with the caregiver is
not required to complete the reassessment.
(b) For foster children eligible under
section 256N.21, reassessments must be completed by the financially responsible
agency, in consultation with the legally responsible agency if different.
(c) If reassessment is required after
the effective date of the guardianship assistance agreement, the reassessment
must be completed by the financially responsible agency.
(d) If a reassessment is required after
the effective date of the adoption assistance agreement, it must be completed
by the financially responsible agency or, if there is no financially
responsible agency, the agency designated by the commissioner.
(e) If the child's caregiver is
unable or unwilling to cooperate with the reassessment, the child must be
assessed at level B under section 256N.26, subdivision 3, unless the child has
an adoption assistance or guardianship assistance agreement in place and is
known to be an at-risk child, in which case the child must be assessed at level
A under section 256N.26, subdivision 1.
Subd. 12. Approval
of initial assessments, special assessments, and reassessments. (a) Any agency completing initial
assessments, special assessments, or reassessments must designate one or more
supervisors or other staff to examine and approve assessments completed by
others in the agency under subdivision 2.
The person approving an assessment must not be the case manager or staff
member completing that assessment.
(b) In cases where a special assessment
or reassessment for guardian assistance and adoption assistance is required
under subdivision 7 or 10, the commissioner shall review and approve the
assessment as part of the eligibility determination process outlined in section
256N.22, subdivision 7, for guardianship assistance, or section 256N.23,
subdivision 7, for adoption assistance. The
assessment determines the maximum for the negotiated agreement amount under
section 256N.25.
(c) The new rate is effective the
calendar month that the assessment is approved, or the effective date of the
agreement, whichever is later.
Subd. 13. Notice
for caregiver. (a) The agency
as defined in subdivision 5 or 10 that is responsible for completing the
initial assessment or reassessment must provide the child's caregiver with
written notice of the initial assessment or reassessment.
(b) Initial assessment notices must be
sent within 15 days of completion of the initial assessment and must minimally
include the following:
(1) a summary of the child's completed
individual assessment used to determine the initial rating;
(2) statement of rating and benefit
level;
(3) statement of the circumstances
under which the agency must reassess the child;
(4) procedure to seek reassessment;
(5) notice that the caregiver has the
right to a fair hearing review of the assessment and how to request a fair
hearing, consistent with section 256.045, subdivision 3; and
(6) the name, telephone number, and
e-mail, if available, of a contact person at the agency completing the
assessment.
(c) Reassessment notices must be sent
within 15 days after the completion of the reassessment and must minimally
include the following:
(1) a summary of the child's individual
assessment used to determine the new rating;
(2) any change in rating and its
effective date;
(3) procedure to seek reassessment;
(4) notice that if a change in rating
results in a reduction of benefits, the caregiver has the right to a fair
hearing review of the assessment and how to request a fair hearing consistent
with section 256.045, subdivision 3;
(5) notice that a caregiver who requests a fair hearing of the reassessed rating within ten days may continue at the current rate pending the hearing, but the agency may recover any overpayment; and
(6) name, telephone number, and e-mail,
if available, of a contact person at the agency completing the reassessment.
(d) Notice is not required for special
assessments since the notice is part of the guardianship assistance or adoption
assistance negotiated agreement completed according to section 256N.25.
Subd. 14. Assessment
tool determines rate of benefits. The
assessment tool established by the commissioner in subdivision 2 determines the
monthly benefit level for children in foster care. The monthly payment for guardian assistance
or adoption assistance may be negotiated up to the monthly benefit level under
foster care for those children eligible for a payment under section 256N.26,
subdivision 1.
Sec. 12. [256N.25]
AGREEMENTS.
Subdivision 1. Agreement;
guardianship assistance; adoption assistance. (a) In order to receive guardianship
assistance or adoption assistance benefits on behalf of an eligible child, a
written, binding agreement between the caregiver or caregivers, the financially
responsible agency, or, if there is no financially responsible agency, the
agency designated by the commissioner, and the commissioner must be established
prior to finalization of the adoption or a transfer of permanent legal and
physical custody. The agreement must be
negotiated with the caregiver or caregivers under subdivision 2.
(b) The agreement must be on a form
approved by the commissioner and must specify the following:
(1) duration of the agreement;
(2) the nature and amount of any
payment, services, and assistance to be provided under such agreement;
(3) the child's eligibility for
Medicaid services;
(4) the terms of the payment, including
any child care portion as specified in section 256N.24, subdivision 3;
(5) eligibility for reimbursement of
nonrecurring expenses associated with adopting or obtaining permanent legal and
physical custody of the child, to the extent that the total cost does not
exceed $2,000 per child;
(6) that the agreement must remain in
effect regardless of the state of which the adoptive parents or relative
custodians are residents at any given time;
(7) provisions for modification of the
terms of the agreement, including renegotiation of the agreement; and
(8) the effective date of the
agreement.
(c) The caregivers, the commissioner,
and the financially responsible agency, or, if there is no financially
responsible agency, the agency designated by the commissioner, must sign the
agreement. A copy of the signed
agreement must be given to each party. Once
signed by all parties, the commissioner shall maintain the official record of
the agreement.
(d) The effective date of the
guardianship assistance agreement must be the date of the court order that
transfers permanent legal and physical custody to the relative. The effective date of the adoption assistance
agreement is the date of the finalized adoption decree.
(e)
Termination or disruption of the preadoptive placement or the foster care
placement prior to assignment of custody makes the agreement with that
caregiver void.
Subd. 2. Negotiation
of agreement. (a) When a
child is determined to be eligible for guardianship assistance or adoption
assistance, the financially responsible agency, or, if there is no financially
responsible agency, the agency designated by the commissioner, must negotiate
with the caregiver to develop an agreement under subdivision 1. If and when the caregiver and agency reach
concurrence as to the terms of the agreement, both parties shall sign the
agreement. The agency must submit the
agreement, along with the eligibility determination outlined in sections
256N.22, subdivision 7, and 256N.23, subdivision 7, to the commissioner for
final review, approval, and signature according to subdivision 1.
(b) A monthly payment is provided as
part of the adoption assistance or guardianship assistance agreement to support
the care of children unless the child is determined to be an at-risk child, in
which case the special at-risk monthly payment under section 256N.26,
subdivision 7, must be made until the caregiver obtains written documentation
from a qualified expert that the potential disability upon which eligibility
for the agreement was based has manifested itself.
(1) The amount of the payment made on
behalf of a child eligible for guardianship assistance or adoption assistance
is determined through agreement between the prospective relative custodian or
the adoptive parent and the financially responsible agency, or, if there is no
financially responsible agency, the agency designated by the commissioner,
using the assessment tool established by the commissioner in section 256N.24,
subdivision 2, and the associated benefit and payments outlined in section
256N.26. Except as provided under
section 256N.24, subdivision 1, paragraph (c), the assessment tool establishes
the monthly benefit level for a child under foster care. The monthly payment under a guardianship
assistance agreement or adoption assistance agreement may be negotiated up to
the monthly benefit level under foster care.
In no case may the amount of the payment under a guardianship assistance
agreement or adoption assistance agreement exceed the foster care maintenance
payment which would have been paid during the month if the child with respect
to whom the guardianship assistance or adoption assistance payment is made had
been in a foster family home in the state.
(2) The rate schedule for the agreement is determined based on the age of the child on the date that the prospective adoptive parent or parents or relative custodian or custodians sign the agreement.
(3) The income of the relative
custodian or custodians or adoptive parent or parents must not be taken into
consideration when determining eligibility for guardianship assistance or
adoption assistance or the amount of the payments under section 256N.26.
(4) With the concurrence of the
relative custodian or adoptive parent, the amount of the payment may be
adjusted periodically using the assessment tool established by the commissioner
in section 256N.24, subdivision 2, and the agreement renegotiated under
subdivision 3 when there is a change in the child's needs or the family's
circumstances.
(5) The guardianship assistance or
adoption assistance agreement of a child who is identified as at-risk receives
the special at-risk monthly payment under section 256N.26, subdivision 7,
unless and until the potential disability manifests itself, as documented by an
appropriate professional, and the commissioner authorizes commencement of
payment by modifying the agreement accordingly.
A relative custodian or adoptive parent of an at-risk child with a
guardianship assistance or adoption assistance agreement may request a
reassessment of the child under section 256N.24, subdivision 9, and
renegotiation of the guardianship assistance or adoption assistance agreement
under subdivision 3 to include a monthly payment, if the caregiver has written
documentation from a qualified expert that the potential disability upon which
eligibility for the agreement was based has manifested itself. Documentation of the disability must be
limited to evidence deemed appropriate by the commissioner.
(c) For guardianship assistance
agreements:
(1) the initial amount of the monthly
guardianship assistance payment must be equivalent to the foster care rate in
effect at the time that the agreement is signed less any offsets under section
256N.26, subdivision 11, or a lesser negotiated amount if agreed to by the
prospective relative custodian and specified in that agreement, unless the
child is identified as at-risk or the guardianship assistance agreement is
entered into when a child is under the age of six;
(2) an at-risk child must be assigned
level A as outlined in section 256N.26 and receive the special at-risk monthly
payment under section 256N.26, subdivision 7, unless and until the potential
disability manifests itself, as documented by a qualified expert, and the
commissioner authorizes commencement of payment by modifying the agreement
accordingly; and
(3) the amount of the monthly payment
for a guardianship assistance agreement for a child, other than an at-risk
child, who is under the age of six must be as specified in section 256N.26,
subdivision 5.
(d) For adoption assistance agreements:
(1) for a child in foster care with the
prospective adoptive parent immediately prior to adoptive placement, the
initial amount of the monthly adoption assistance payment must be equivalent to
the foster care rate in effect at the time that the agreement is signed less
any offsets in section 256N.26, subdivision 11, or a lesser negotiated amount
if agreed to by the prospective adoptive parents and specified in that
agreement, unless the child is identified as at-risk or the adoption assistance
agreement is entered into when a child is under the age of six;
(2) an at-risk child must be assigned
level A as outlined in section 256N.26 and receive the special at-risk monthly
payment under section 256N.26, subdivision 7, unless and until the potential
disability manifests itself, as documented by an appropriate professional, and
the commissioner authorizes commencement of payment by modifying the agreement
accordingly;
(3) the amount of the monthly payment
for an adoption assistance agreement for a child under the age of six, other
than an at-risk child, must be as specified in section 256N.26, subdivision 5;
(4) for a child who is in the
guardianship assistance program immediately prior to adoptive placement, the
initial amount of the adoption assistance payment must be equivalent to the
guardianship assistance payment in effect at the time that the adoption
assistance agreement is signed or a lesser amount if agreed to by the
prospective adoptive parent and specified in that agreement; and
(5) for a child who is not in foster
care placement or the guardianship assistance program immediately prior to
adoptive placement or negotiation of the adoption assistance agreement, the
initial amount of the adoption assistance agreement must be determined using
the assessment tool and process in this section and the corresponding payment
amount outlined in section 256N.26.
Subd. 3. Renegotiation
of agreement. (a) A relative
custodian or adoptive parent of a child with a guardianship assistance or
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 a relative custodian or adoptive parent
requests renegotiation of the agreement, a reassessment of the child must be
completed consistent with section 256N.24, subdivisions 9 and 10. If the reassessment indicates that the
child's level has changed, the financially responsible agency or, if there is
no financially responsible agency, the agency designated by the commissioner or
the commissioner's designee, and the caregiver must renegotiate the agreement
to include a payment with the level determined through the reassessment process. The agreement must not be renegotiated unless
the commissioner, the financially responsible agency, and the caregiver
mutually agree to the changes. The
effective date of any renegotiated agreement must be determined by the
commissioner.
(b)
A relative custodian or adoptive parent of an at-risk child with a guardianship
assistance or adoption assistance agreement may request renegotiation of the
agreement to include a monthly payment higher than the special at-risk monthly
payment under section 256N.26, subdivision 7, if the caregiver has written
documentation from a qualified expert that the potential disability upon which
eligibility for the agreement was based has manifested itself. 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 as outlined in section 256N.24,
subdivision 9. The reassessment must be
used to renegotiate the agreement to include an appropriate monthly payment. The agreement must not be renegotiated unless
the commissioner, the financially responsible agency, and the caregiver mutually
agree to the changes. The effective date
of any renegotiated agreement must be determined by the commissioner.
(c) Renegotiation of a guardianship
assistance or adoption assistance agreement is required when one of the
circumstances outlined in section 256N.26, subdivision 13, occurs.
Sec. 13. [256N.26]
BENEFITS AND PAYMENTS.
Subdivision 1. Benefits. (a) There are three benefits under
Northstar Care for Children: medical
assistance, basic payment, and supplemental difficulty of care payment.
(b) A child is eligible for medical
assistance under subdivision 2.
(c) A child is eligible for the basic payment under subdivision 3, except for a child assigned level A under section 256N.24, subdivision 1, because the child is determined to be an at-risk child receiving guardianship assistance or adoption assistance.
(d) A child, including a foster child
age 18 to 21, is eligible for an additional supplemental difficulty of care
payment under subdivision 4, as determined by the assessment under section
256N.24.
(e) An eligible child entering
guardianship assistance or adoption assistance under the age of six receives a
basic payment and supplemental difficulty of care payment as specified in
subdivision 5.
(f)
A child transitioning in from a pre-Northstar Care for Children program under
section 256N.28, subdivision 7, shall receive basic and difficulty of
care supplemental payments according to those provisions.
Subd. 2. Medical
assistance. Eligibility for
medical assistance under this chapter must be determined according to section
256B.055.
Subd. 3. Basic
monthly rate. From January 1,
2015, to June 30, 2016, the basic monthly rate must be according to the
following schedule:
|
|
Ages 0-5 |
$565 per month |
|
|
Ages 6-12 |
$670 per month |
|
|
Ages 13 and older |
$790 per month |
Subd. 4. Difficulty
of care supplemental monthly rate. From
January 1, 2015, to June 30, 2016, the supplemental difficulty of care monthly
rate is determined by the following schedule:
A child assigned level A is not eligible
for either the basic or supplemental difficulty of care payment, while a child
assigned level B is not eligible for the supplemental difficulty of care
payment but is eligible for the basic monthly rate under subdivision 3.
Subd. 5. Alternate
rates for preschool entry and certain transitioned children. A child who entered the guardianship
assistance or adoption assistance components of Northstar Care for Children while
under the age of six shall receive 50 percent of the amount the child would
otherwise be entitled to under subdivisions 3 and 4. The commissioner may also use the 50 percent
rate for a child who was transitioned into those components through declaration
of the commissioner under section 256N.28, subdivision 7.
Subd. 6. Emergency
foster care rate for initial placement.
(a) A child who enters foster care due to immediate custody by a
police officer or court order, consistent with section 260C.175, subdivisions 1
and 2, or equivalent provision under tribal code, shall receive the emergency
foster care rate for up to 30 days. The
emergency foster care rate cannot be extended beyond 30 days of the child's
placement.
(b) For this payment rate to be applied,
at least one of three conditions must apply:
(1) the child's initial placement must
be in foster care in Minnesota;
(2) the child's previous placement was
more than two years ago; or
(3) the child's previous placement was
for fewer than 30 days and an assessment under section 256N.24 was not
completed by an agency under section 256N.24.
(c) The emergency foster care rate
consists of the appropriate basic monthly rate under subdivision 3 plus a
difficulty of care supplemental monthly rate of level D under subdivision 4.
(d) The emergency foster care rate ends
under any of three conditions:
(1) when an assessment under section
256N.24 is completed;
(2) when the placement ends; or
(3) after 30 days have elapsed.
(e) The financially responsible agency,
in consultation with the legally responsible agency, if different, may replace
the emergency foster care rate at any time by completing an initial assessment
on which a revised difficulty of care supplemental monthly rate would be based. Consistent with section 256N.24, subdivision
9, the caregiver
may request a reassessment in
writing for an initial assessment to replace the emergency foster care rate. This written request would initiate an
initial assessment under section 256N.24, subdivision 5. If the revised difficulty of care
supplemental level based on the initial assessment is higher than level D, then
the revised higher rate shall apply retroactively to the beginning of the
placement. If the revised level is
lower, the lower rate shall apply on the date the initial assessment was
completed.
(f) If a child remains in foster care
placement for more than 30 days, the emergency foster care rate ends after the
30th day of placement and an assessment under section 256N.26 must be
completed.
Subd. 7. Special
at-risk monthly payment for at-risk children in guardianship assistance and
adoption assistance. A child
eligible for guardianship assistance under section 256N.22 or adoption
assistance under section 256N.23 who is determined to be an at-risk child shall
receive a special at-risk monthly payment of $1 per month basic, unless and
until the potential disability manifests itself and the agreement is
renegotiated to include reimbursement. Such
an at-risk child shall receive neither a supplemental difficulty of care
monthly rate under subdivision 4 nor home and vehicle modifications under
subdivision 10, but must be considered for medical assistance under subdivision
2.
Subd. 8. Daily
rates. (a) The commissioner
shall establish prorated daily rates to the nearest cent for the monthly rates
under subdivisions 3 to 7. Daily rates
must be routinely used when a partial month is involved for foster care,
guardianship assistance, or adoption assistance.
(b) A full month payment is permitted if
a foster child is temporarily absent from the foster home if the brief absence
does not exceed 14 days and the child's placement continues with the same
caregiver.
Subd. 9. Revision. By April 1, 2016, for fiscal year
2017, and by each succeeding April 1 for the subsequent fiscal year, the
commissioner shall review and revise the rates under subdivisions 3 to 7 based
on the United States Department of Agriculture, Estimates of the Cost of
Raising a Child, published by the United States Department of Agriculture,
Agricultural Resources Service, Publication 1411. The revision shall be the average percentage
by which costs increase for the age ranges represented in the United States
Department of Agriculture, Estimates of the Cost of Raising a Child, except
that in no instance must the increase be more than three percent per annum. The monthly rates must be revised to the
nearest dollar and the daily rates to the nearest cent.
Subd. 10. Home
and vehicle modifications. (a)
Except for a child assigned level A under section 256N.24, subdivision 1,
paragraph (d), clause (1), a child who is eligible for an adoption assistance
agreement may have reimbursement of home and vehicle modifications necessary to
accommodate the child's special needs upon which eligibility for adoption
assistance was based and included as part of the negotiation of the agreement
under section 256N.25, subdivision 2. Reimbursement
of home and vehicle modifications must not be available for a child who is
assessed at level A under subdivision 1, unless and until the potential
disability manifests itself and the agreement is renegotiated to include
reimbursement.
(b) Application for and reimbursement of
modifications must be completed according to a process specified by the
commissioner. The type and cost of each
modification must be preapproved by the commissioner. The type of home and vehicle modifications
must be limited to those specified by the commissioner.
(c) Reimbursement for home modifications
as outlined in this subdivision is limited to once every five years per child. Reimbursement for vehicle modifications as
outlined in this subdivision is limited to once every five years per family.
Subd. 11. Child
income or income attributable to the child.
(a) A monthly guardianship assistance or adoption assistance
payment must be considered as income and resources attributable to the child. Guardianship assistance and adoption
assistance are exempt from garnishment, except as permissible under the laws of
the state where the child resides.
(b) When a child is placed into
foster care, any income and resources attributable to the child are treated as
provided in sections 252.27 and 260C.331, or 260B.331, as applicable to the
child being placed.
(c) Consideration of income and resources
attributable to the child must be part of the negotiation process outlined in
section 256N.25, subdivision 2. In some
circumstances, the receipt of other income on behalf of the child may impact
the amount of the monthly payment received by the relative custodian or
adoptive parent on behalf of the child through Northstar Care for Children. Supplemental Security Income (SSI),
retirement survivor's disability insurance (RSDI), veteran's benefits, railroad
retirement benefits, and black lung benefits are considered income and
resources attributable to the child.
Subd. 12. Treatment
of Supplemental Security Income. If
a child placed in foster care receives benefits through Supplemental Security
Income (SSI) at the time of foster care placement or subsequent to placement in
foster care, the financially responsible agency may apply to be the payee for
the child for the duration of the child's placement in foster care. If a child continues to be eligible for SSI
after finalization of the adoption or transfer of permanent legal and physical
custody and is determined to be eligible for a payment under Northstar Care for
Children, a permanent caregiver may choose to receive payment from both
programs simultaneously. The permanent
caregiver is responsible to report the amount of the payment to the Social
Security Administration and the SSI payment will be reduced as required by the
Social Security Administration.
Subd. 13. Treatment of retirement survivor's
disability insurance, veteran's benefits, railroad retirement benefits, and
black lung benefits. (a) If a
child placed in foster care receives retirement survivor's disability
insurance, veteran's benefits, railroad retirement benefits, or black lung
benefits at the time of foster care placement or subsequent to placement in
foster care, the financially responsible agency may apply to be the payee for
the child for the duration of the child's placement in foster care. If it is anticipated that a child will be
eligible to receive retirement survivor's disability insurance, veteran's
benefits, railroad retirement benefits, or black lung benefits after
finalization of the adoption or assignment of permanent legal and physical
custody, the permanent caregiver shall apply to be the payee of those benefits
on the child's behalf. The monthly
amount of the other benefits must be considered an offset to the amount of the
payment the child is determined eligible for under Northstar Care for Children.
(b) If a child becomes eligible for
retirement survivor's disability insurance, veteran's benefits, railroad
retirement benefits, or black lung benefits, after the initial amount of the
payment under Northstar Care for Children is finalized, the permanent caregiver
shall contact the commissioner to redetermine the payment under Northstar Care
for Children. The monthly amount of the
other benefits must be considered an offset to the amount of the payment the
child is determined eligible for under Northstar Care for Children.
(c) If a child ceases to be eligible for
retirement survivor's disability insurance, veteran's benefits, railroad
retirement benefits, or black lung benefits after the initial amount of the
payment under Northstar Care for Children is finalized, the permanent caregiver
shall contact the commissioner to redetermine the payment under Northstar Care
for Children. The monthly amount of the
payment under Northstar Care for Children must be the amount the child was
determined to be eligible for prior to consideration of any offset.
(d) If the monthly payment received on
behalf of the child under retirement survivor's disability insurance, veteran's
benefits, railroad retirement benefits, or black lung benefits changes after
the adoption assistance or guardianship assistance agreement is finalized, the
permanent caregiver shall notify the commissioner as to the new monthly payment
amount, regardless of the amount of the change in payment. If the monthly payment changes by $75 or
more, even if the change occurs incrementally over the duration of the term of
the adoption assistance or guardianship assistance agreement, the monthly
payment under Northstar Care for Children must be adjusted without further
consent to reflect the amount of the increase or decrease in the offset amount. Any subsequent change to the payment must be
reported and handled in the same manner.
A change of monthly payments of less than $75 is not a permissible
reason to renegotiate the adoption assistance or guardianship assistance
agreement under section 256N.25, subdivision 3.
The commissioner shall review and revise the limit at which the adoption
assistance or guardian assistance agreement must be renegotiated in accordance
with subdivision 9.
Subd. 14. Treatment
of child support and Minnesota family investment program. (a) If a child placed in foster care
receives child support, the child support payment may be redirected to the
financially responsible agency for the duration of the child's placement in
foster care. In cases where the child
qualifies for Northstar Care for Children by meeting the adoption assistance
eligibility criteria or the guardianship assistance eligibility criteria, any
court-ordered child support must not be considered income attributable to the
child and must have no impact on the monthly payment.
(b) Consistent with section 256J.24, a
child eligible for Northstar Care for Children whose caregiver receives a
payment on the child's behalf is excluded from a Minnesota family investment
program assistance unit.
Subd. 15. Payments. (a) Payments to caregivers under
Northstar Care for Children must be made monthly. Consistent with section 256N.24, subdivision
12, the financially responsible agency must send the caregiver the required
written notice within 15 days of a completed assessment or reassessment.
(b) Unless paragraph (c) or (d)
applies, the financially responsible agency shall pay foster parents directly
for eligible children in foster care.
(c) When the legally responsible agency
is different than the financially responsible agency, the legally responsible
agency may make the payments to the caregiver, provided payments are made on a
timely basis. The financially
responsible agency must pay the legally responsible agency on a timely basis. Caregivers must have access to the
financially and legally responsible agencies' records of the transaction,
consistent with the retention schedule for the payments.
(d) For eligible children in foster
care, the financially responsible agency may pay the foster parent's payment
for a licensed child-placing agency instead of paying the foster parents
directly. The licensed child-placing
agency must timely pay the foster parents and maintain records of the
transaction. Caregivers must have access
to the financially responsible agency's records of the transaction and the
child-placing agency's records of the transaction, consistent with the
retention schedule for the payments.
Subd. 16. Effect
of benefit on other aid. Payments
received under this section must not be considered as income for child care assistance
under chapter 119B or any other financial benefit. Consistent with section 256J.24, a child
receiving a maintenance payment under Northstar Care for Children is excluded
from any Minnesota family investment program assistance unit.
Subd. 17. Home
and community-based services waiver for persons with disabilities. A child in foster care may qualify for
home and community-based waivered services, consistent with section 256B.092
for developmental disabilities, or section 256B.49 for community alternative
care, community alternatives for disabled individuals, or traumatic brain
injury waivers. A waiver service must
not be substituted for the foster care program.
When the child is simultaneously eligible for waivered services and for
benefits under Northstar Care for Children, the financially responsible agency
must assess and provide basic and supplemental difficulty of care rates as
determined by the assessment according to section 256N.24. If it is determined that additional services
are needed to meet the child's needs in the home that is not or cannot be met
by the foster care program, the need would be referred to the local waivered
service program.
Subd. 18. Overpayments. The commissioner has the authority to
collect any amount of foster care payment, adoption assistance, or guardianship
assistance paid to a caregiver in excess of the payment due. Payments covered by this subdivision include
basic maintenance needs payments, supplemental difficulty of care payments, and
reimbursement of home and vehicle modifications under subdivision 10. Prior to any collection, the commissioner or
the commissioner's designee shall notify the caregiver in writing, including:
(1) the amount of the overpayment and
an explanation of the cause of overpayment;
(2) clarification of the
corrected amount;
(3) a statement of the legal authority
for the decision;
(4) information about how the caregiver
can correct the overpayment;
(5) if repayment is required, when the
payment is due and a person to contact to review a repayment plan;
(6) a statement that the caregiver has
a right to a fair hearing review by the department; and
(7) the procedure for seeking a fair
hearing review by the department.
Subd. 19. Payee. For adoption assistance and
guardianship assistance cases, the payment must only be made to the adoptive
parent or relative custodian specified on the agreement. If there is more than one adoptive parent or
relative custodian, both parties will be listed as the payee unless otherwise
specified in writing according to policies outlined by the commissioner. In the event of divorce or separation of the
caregivers, a change of payee must be made in writing according to policies
outlined by the commissioner. If both
caregivers are in agreement as to the change, it may be made according to a
process outlined by the commissioner. If
there is not agreement as to the change, a court order indicating the party who
is to receive the payment is needed before a change can be processed. If the change of payee is disputed, the
commissioner may withhold the payment until agreement is reached. A noncustodial caregiver may request notice
in writing of review, modification, or termination of the adoption assistance
or guardianship assistance agreement. In
the event of the death of a payee, a change of payee consistent with sections
256N.22 and 256N.23 may be made in writing according to policies outlined by
the commissioner.
Subd. 20. Notification of change. (a) A caregiver who has an adoption
assistance agreement or guardianship assistance agreement in place shall keep
the agency administering the program informed of changes in status or
circumstances which would make the child ineligible for the payments or
eligible for payments in a different amount.
(b) For the duration of the agreement,
the caregiver agrees to notify the agency administering the program in writing
within 30 days of any of the following:
(1) a change in the child's or
caregiver's legal name;
(2) a change in the family's address;
(3) a change in 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 the caregiver's legal
responsibility to support the child based on termination of parental rights of
the caregiver, transfer of guardianship to another person, or transfer of
permanent legal and physical custody to another person;
(6) the end of the caregiver's
financial support of the child;
(7) the death of the child;
(8) the death of the caregiver;
(9) the child enlists in the military;
(10) the child gets married;
(11) the child becomes an emancipated
minor through legal action;
(12) the caregiver separates or
divorces; and
(13) the child is residing outside the
caregiver's home for a period of more than 30 consecutive days.
Subd. 21. Correct
and true information. The
caregiver must be investigated for fraud if the caregiver reports information
the caregiver knows is untrue, the caregiver fails to notify the commissioner
of changes that may affect eligibility, or the agency administering the program
receives relevant information that the caregiver did not report.
Subd. 22. Termination
notice for caregiver. The
agency that issues the maintenance payment shall provide the child's caregiver
with written notice of termination of payment.
Termination notices must be sent at least 15 days before the final
payment or, in the case of an unplanned termination, the notice is sent within
three days of the end of the payment. The
written notice must minimally include the following:
(1) the date payment will end;
(2) the reason payments will end and
the event that is the basis to terminate payment;
(3) a statement that the provider has a
right to a fair hearing review by the department consistent with section
256.045, subdivision 3;
(4) the procedure to request a fair
hearing; and
(5) the name, telephone number, and
e-mail address of a contact person at the agency.
Sec. 14. [256N.27]
FEDERAL, STATE, AND LOCAL SHARES.
Subdivision 1. Federal
share. For the purposes of
determining a child's eligibility under title IV-E of the Social Security Act
for a child in foster care, the financially responsible agency shall use the
eligibility requirements outlined in section 472 of the Social Security Act. For a child who qualifies for guardianship
assistance or adoption assistance, the financially responsible agency and the
commissioner shall use the eligibility requirements outlined in section 473 of
the Social Security Act. In each case,
the agency paying the maintenance payments must be reimbursed for the costs
from the federal money available for this purpose.
Subd. 2. State share. The commissioner shall pay the state
share of the maintenance payments as determined under subdivision 4, and an
identical share of the pre-Northstar Care foster care program under section
260C.4411, subdivision 1, the relative custody assistance program under section
257.85, and the pre-Northstar Care for Children adoption assistance program
under chapter 259A. The commissioner may
transfer funds into the account if a deficit occurs.
Subd. 3. Local
share. (a) The financially
responsible agency at the time of placement for foster care or finalization of
the agreement for guardianship assistance or adoption assistance shall pay the
local share of the maintenance payments as determined under subdivision 4, and
an identical share of the pre-Northstar Care for Children foster care program
under section 260C.4411, subdivision 1, the relative custody assistance program
under section 257.85, and the pre-Northstar Care for Children adoption
assistance program under chapter 259A.
(b) The financially responsible agency
shall pay the entire cost of any initial clothing allowance, administrative
payments to child caring agencies specified in section 317A.907, or other
support services it authorizes, except as provided under other provisions of
law.
(c) In cases of federally
required adoption assistance where there is no financially responsible agency
as provided in section 256N.24, subdivision 5, the commissioner shall pay the
local share.
(d) When an Indian child being placed
in Minnesota meets title IV-E eligibility defined in section 473(d) of the
Social Security Act and is receiving guardianship assistance or adoption
assistance, the agency or entity assuming responsibility for the child is
responsible for the nonfederal share of the payment.
Subd. 4. Nonfederal
share. (a) The commissioner
shall establish a percentage share of the maintenance payments, reduced by
federal reimbursements under title IV-E of the Social Security Act, to be paid
by the state and to be paid by the financially responsible agency.
(b) These state and local shares must
initially be calculated based on the ratio of the average appropriate
expenditures made by the state and all financially responsible agencies during
calendar years 2011, 2012, 2013, and 2014.
For purposes of this calculation, appropriate expenditures for the
financially responsible agencies must include basic and difficulty of care payments
for foster care reduced by federal reimbursements, but not including any
initial clothing allowance, administrative payments to child care agencies
specified in section 317A.907, child care, or other support or ancillary
expenditures. For purposes of this
calculation, appropriate expenditures for the state shall include adoption
assistance and relative custody assistance, reduced by federal reimbursements.
(c) For each of the periods January 1,
2015, to June 30, 2016, and fiscal years 2017, 2018, and 2019, the commissioner
shall adjust this initial percentage of state and local shares to reflect the
relative expenditure trends during calendar years 2011, 2012, 2013, and 2014,
taking into account appropriations for Northstar Care for Children and the turnover
rates of the components. In making these
adjustments, the commissioner's goal shall be to make these state and local
expenditures other than the appropriations for Northstar Care for Children to
be the same as they would have been had Northstar Care for Children not been
implemented, or if that is not possible, proportionally higher or lower, as
appropriate. The state and local share
percentages for fiscal year 2019 must be used for all subsequent years.
Subd. 5. Adjustments
for proportionate shares among financially responsible agencies. (a) The commissioner shall adjust the
expenditures under subdivision 4 by each financially responsible agency so that
its relative share is proportional to its foster care expenditures, with the
goal of making the local share similar to what the county or tribe would have
spent had Northstar Care for Children not been enacted.
(b) For the period January 1, 2015, to
June 30, 2016, the relative shares must be as determined under subdivision 4
for calendar years 2011, 2012, 2013, and 2014 compared with similar costs of
all financially responsible agencies.
(c) For subsequent fiscal years, the
commissioner shall update the relative shares based on actual utilization of
Northstar Care for Children by the financially responsible agencies during the
previous period, so that those using relatively more than they did historically
are adjusted upward and those using less are adjusted downward.
(d) The commissioner must ensure that
the adjustments are not unduly influenced by onetime events, anomalies, small
changes that appear large compared to a narrow historic base, or fluctuations
that are the results of the transfer of responsibilities to tribal social
service agencies authorized in section 256.01, subdivision 14b, as part of the
American Indian Child Welfare Initiative.
Sec. 15. [256N.28]
ADMINISTRATION AND APPEALS.
Subdivision 1. Responsibilities. (a) The financially responsible agency
shall determine the eligibility for Northstar Care for Children for children in
foster care under section 256N.21, and for those children determined eligible,
shall further determine each child's eligibility for title IV-E of the Social
Security Act, provided the agency has such authority under the state title IV-E
plan.
(b) Subject to commissioner
review and approval, the financially responsible agency shall prepare the
eligibility determination for Northstar Care for Children for children in
guardianship assistance under section 256N.22 and children in adoption
assistance under section 256N.23. The
AFDC relatedness determination, when necessary to determine a child's
eligibility for title IV-E funding, shall be made only by an authorized agency
according to policies and procedures prescribed by the commissioner.
(c) The financially responsible agency
is responsible for the administration of Northstar Care for Children for
children in foster care. The agency
designated by the commissioner is responsible for assisting the commissioner
with the administration of Northstar Care for Children for children in
guardianship assistance and adoption assistance by conducting assessments,
reassessments, negotiations, and other activities as specified by the
commissioner under subdivision 2.
Subd. 2. Procedures,
requirements, and deadlines. The
commissioner shall specify procedures, requirements, and deadlines for the
administration of Northstar Care for Children in accordance with sections
256N.001 to 256N.28, including for children transitioning into Northstar Care
for Children under subdivision 7. The
commissioner shall periodically review all procedures, requirements, and
deadlines, including the assessment tool and process under section 256N.24, in
consultation with counties, tribes, and representatives of caregivers, and may
alter them as needed.
Subd. 3. Administration
of title IV-E programs. The
title IV-E foster care, guardianship assistance, and adoption assistance
programs must operate within the statutes, rules, and policies set forth by the
federal government in the Social Security Act.
Subd. 4. Reporting. The commissioner shall specify
required fiscal and statistical reports under section 256.01, subdivision 2,
paragraph (q), and other reports as necessary.
Subd. 5. Promotion
of programs. Families who
adopt a child under the commissioner's guardianship must be informed as to the
adoption tax credit. The commissioner
shall actively seek ways to promote the guardianship assistance and adoption
assistance programs, including informing prospective caregivers of eligible children
of the availability of guardianship assistance and adoption assistance.
Subd. 6. Appeals
and fair hearings. (a) A
caregiver has the right to appeal to the commissioner under section 256.045
when eligibility for Northstar Care for Children is denied, and when payment or
the agreement for an eligible child is modified or terminated.
(b) A relative custodian or adoptive
parent has additional rights to appeal to the commissioner pursuant to section
256.045. These rights include when the
commissioner terminates or modifies the guardianship assistance or adoption
assistance agreement or when the commissioner denies an application for
guardianship assistance or adoption assistance.
A prospective relative custodian or adoptive parent who disagrees with a
decision by the commissioner before transfer of permanent legal and physical
custody or finalization of the adoption may request review of the decision by
the commissioner or may appeal the decision under section 256.045. A guardianship assistance or adoption
assistance agreement must be signed and in effect before the court order that
transfers permanent legal and physical custody or the adoption finalization;
however, in some cases, there may be extenuating circumstances as to why an
agreement was not entered into before finalization of permanency for the child. Caregivers who believe that extenuating
circumstances exist in the case of their child may request a fair hearing. Caregivers have the responsibility of proving
that extenuating circumstances exist. Caregivers
must be required to provide written documentation of each eligibility criterion
at the fair hearing. Examples of
extenuating circumstances include: relevant
facts regarding the child were known by the placing agency and not presented to
the caregivers before transfer of permanent legal and physical custody or
finalization of the adoption, or failure by the commissioner or a designee to
advise potential caregivers about the availability of guardianship assistance
or adoption assistance for children in the state foster care system. 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 transfer of permanent legal and physical custody was ordered or the
adoption was finalized, the effective date and any associated federal financial
participation shall be retroactive from the date of the request for a fair
hearing.
Subd. 7. Transitions
from pre-Northstar Care for Children programs. (a) A child in foster care who remains
with the same caregiver shall continue to receive benefits under the
pre-Northstar Care for Children foster care program under section 256.82. Transitions to Northstar Care for Children
must occur as provided in section 256N.21, subdivision 6.
(b) The commissioner may seek to
transition into Northstar Care for Children a child who is in pre-Northstar
Care for Children relative custody assistance under section 257.85 or
pre-Northstar Care for Children adoption assistance under chapter 259A, in
accordance with these priorities, in order of priority:
(1) financial and budgetary
constraints;
(2) complying with federal regulations;
(3) converting pre-Northstar Care for
Children relative custody assistance under section 257.85 to the guardianship
assistance component of Northstar Care for Children;
(4) improving permanency for a child or
children;
(5) maintaining permanency for a child
or children;
(6) accessing additional federal funds;
and
(7) administrative simplification.
(c) Transitions shall be accomplished
according to procedures, deadlines, and requirements specified by the
commissioner under subdivision 2.
(d)
The commissioner may accomplish a transition of a child from pre-Northstar Care
for Children relative custody assistance under section 257.85 to the
guardianship assistance component of Northstar Care for Children by declaration
and appropriate notice to the caregiver, provided that the benefit for a child
under this paragraph is not reduced.
(e) The commissioner may offer a
transition of a child from pre-Northstar Care for Children adoption assistance
under chapter 259A to the adoption assistance component of Northstar Care for
Children by contacting the caregiver with an offer. The transition must be accomplished only when
the caregiver agrees to the offer. The
caregiver shall have a maximum of 90 days to review and accept the
commissioner's offer. If the
commissioner's offer is not accepted within 90 days, the pre-Northstar Care for
Children adoption assistance agreement remains in effect until it terminates or
a subsequent offer is made by the commissioner.
(f) For a child transitioning into
Northstar Care for Children, the commissioner shall assign an equivalent
assessment level based on the most recently completed supplemental difficulty
of care level assessment, unless the commissioner determines that arranging for
a new assessment under section 256N.24 would be more appropriate based on the
priorities specified in paragraph (b).
(g) For a child transitioning into
Northstar Care for Children, regardless of the age of the child, the
commissioner shall use the rates under section 256N.26, subdivision 5, unless
the rates under section 256N.26, subdivisions 3 and 4, are more appropriate based
on the priorities specified in paragraph (b), as determined by the
commissioner.
Subd. 8. Purchase
of child-specific adoption services.
The commissioner may reimburse the placing agency for appropriate
adoption services for children eligible under section 259A.75.
Sec. 16. Minnesota Statutes 2012, section 257.85, subdivision 2, is amended to read:
Subd. 2. Scope. The provisions of this section apply to those situations in which the legal and physical custody of a child is established with a relative or important friend with whom the child has resided or had significant contact according to section 260C.515, subdivision 4, by a district court order issued on or after July 1, 1997, but on or before November 26, 2014, or a tribal court order issued on or after July 1, 2005, but on or before November 26, 2014, when the child has been removed from the care of the parent by previous district or tribal court order.
Sec. 17. Minnesota Statutes 2012, section 257.85, subdivision 5, is amended to read:
Subd. 5. Relative custody assistance agreement. (a) A relative custody assistance agreement will not be effective, unless it is signed by the local agency and the relative custodian no later than 30 days after the date of the order establishing permanent legal and physical custody, and on or before November 26, 2014, except that a local agency may enter into a relative custody assistance agreement with a relative custodian more than 30 days after the date of the order if it certifies that the delay in entering the agreement was through no fault of the relative custodian and the agreement is signed and in effect on or before November 26, 2014. There must be a separate agreement for each child for whom the relative custodian is receiving relative custody assistance.
(b)
Regardless of when the relative custody assistance agreement is signed by the
local agency and relative custodian, the effective date of the agreement shall
be the date of the order establishing permanent legal and physical custody.
(c) If MFIP is not the applicable program for a child at the time that a relative custody assistance agreement is entered on behalf of the child, when MFIP becomes the applicable program, if the relative custodian had been receiving custody assistance payments calculated based upon a different program, the amount of relative custody assistance payment under subdivision 7 shall be recalculated under the Minnesota family investment program.
(d) The relative custody assistance agreement shall be in a form specified by the commissioner and shall include provisions relating to the following:
(1) the responsibilities of all parties to the agreement;
(2) the payment terms, including the financial circumstances of the relative custodian, the needs of the child, the amount and calculation of the relative custody assistance payments, and that the amount of the payments shall be reevaluated annually;
(3) the effective date of the agreement, which shall also be the anniversary date for the purpose of submitting the annual affidavit under subdivision 8;
(4) that failure to submit the affidavit as required by subdivision 8 will be grounds for terminating the agreement;
(5) the agreement's expected duration, which shall not extend beyond the child's eighteenth birthday;
(6) any specific known circumstances that could cause the agreement or payments to be modified, reduced, or terminated and the relative custodian's appeal rights under subdivision 9;
(7) that the relative custodian must notify the local agency within 30 days of any of the following:
(i) a change in the child's status;
(ii) a change in the relationship between the relative custodian and the child;
(iii) a change in composition or level of income of the relative custodian's family;
(iv) a change in eligibility or receipt of benefits under MFIP, or other assistance program; and
(v) any other change that could affect eligibility for or amount of relative custody assistance;
(8) that failure to provide notice of a change as required by clause (7) will be grounds for terminating the agreement;
(9) that the amount of relative custody assistance is subject to the availability of state funds to reimburse the local agency making the payments;
(10) that the relative custodian may choose to temporarily stop receiving payments under the agreement at any time by providing 30 days' notice to the local agency and may choose to begin receiving payments again by providing the same notice but any payments the relative custodian chooses not to receive are forfeit; and
(11) that the local agency will continue to be responsible for making relative custody assistance payments under the agreement regardless of the relative custodian's place of residence.
Sec. 18. Minnesota Statutes 2012, section 257.85, subdivision 6, is amended to read:
Subd. 6. Eligibility criteria. (a) A local agency shall enter into a relative custody assistance agreement under subdivision 5 if it certifies that the following criteria are met:
(1) the juvenile court has determined or is expected to determine that the child, under the former or current custody of the local agency, cannot return to the home of the child's parents;
(2) the court, upon determining that it is in the child's best interests, has issued or is expected to issue an order transferring permanent legal and physical custody of the child; and
(3) the child either:
(i) is a member of a sibling group to be placed together; or
(ii) has a physical, mental, emotional, or behavioral disability that will require financial support.
When the local agency bases its certification that the criteria in clause (1) or (2) are met upon the expectation that the juvenile court will take a certain action, the relative custody assistance agreement does not become effective until and unless the court acts as expected.
(b) After November 26, 2014, new
relative custody assistance agreements must not be executed. Agreements that were signed by all parties on
or before November 26, 2014, and were not in effect because the proposed
transfer of permanent legal and physical custody of the child did not occur on
or before November 26, 2014, must be renegotiated under the terms of Northstar
Care for Children in chapter 256N.
Sec. 19. [259A.12]
NO NEW EXECUTION OF ADOPTION ASSISTANCE AGREEMENTS.
After November 26, 2014, new adoption
assistance agreements must not be executed under this section. Agreements that were signed on or before
November 26, 2014, and were not in effect because the adoption finalization of
the child did not occur on or before November 26, 2014, must be renegotiated
according to the terms of Northstar Care for Children under chapter 256N. Agreements signed and in effect on or before
November 26, 2014, must continue according to the terms of this section and
applicable rules for the duration of the agreement, unless the commissioner and
the adoptive parents choose to renegotiated the agreements under Northstar Care
for Children consistent with section 256N.28, subdivision 7. After November 26, 2014, this section and
associated rules must be referred to as the pre-Northstar Care for Children
adoption assistance program and shall apply to children whose adoption
assistance agreements were in effect on or before November 26, 2014, and whose
adoptive parents have not renegotiated their agreements according to the terms
of Northstar Care for Children.
Sec. 20. [260C.4411]
PRE-NORTHSTAR CARE FOR CHILDREN FOSTER CARE PROGRAM.
Subdivision 1. Pre-Northstar
Care for Children foster care program.
(a) For a child placed in family foster care on or before
December 31, 2014, the county of financial responsibility under section 256G.02
or tribal agency authorized under section 256.01, subdivision 14b, shall pay
the local share under section 256N.27, subdivision 3, for foster care
maintenance including any difficulty of care as defined in Minnesota Rules,
part 9560.0521, subparts 7 and 10. Family
foster care includes:
(1) emergency relative placement under
section 245A.035;
(2) licensed foster family settings,
foster residence settings, or treatment foster care settings, licensed under
Minnesota Rules, parts 2960.3000 to 2960.3340, and served by a public or
private child care agency authorized by Minnesota Rules, parts 9545.0755 to
9545.0845;
(3) family foster care homes approved
by a tribal agency; and
(4) unlicensed supervised settings for
foster youth ages 18 to 21.
(b) The county of financial
responsibility under section 256G.02 or tribal social services agency
authorized in section 256.01, subdivision 14b, shall pay the entire cost of any
initial clothing allowance, administrative payments to child care agencies
specified in section 317A.907, or any other support services it authorizes,
except as otherwise provided by law.
(c) The rates for the pre-Northstar
Care for Children foster care program remain those in effect on January 1,
2013, continuing the preexisting rate structure for foster children who remain
with the same caregivers and do not transition into Northstar Care for Children
under section 256N.21, subdivision 6.
(d) Difficulty of care payments must be
maintained consistent with Minnesota Rules, parts 9560.0652 and 9560.0653,
using the established reassessment tool in Minnesota Rules, part 9560.0654. The preexisting rate structure for the
pre-Northstar Care for Children foster care program must be maintained,
provided that when the number of foster children in the program is less than
ten percent of the population in 2012, the commissioner may apply the same
assessment tool to both the pre-Northstar Care for Children foster care program
and Northstar Care for Children under the authority granted in section 256N.24,
subdivision 2.
(e) The county of financial
responsibility under section 256G.02 or tribal agency authorized under section
256.01, subdivision 14b, shall document the determined pre-Northstar Care for
Children foster care rate in the case record, including a description of each
condition on which the difficulty of care assessment is based. The difficulty of care rate is reassessed:
(1) every 12 months;
(2) at the request of the foster
parent; or
(3) if the child's level of need
changes in the current foster home.
(f)
The pre-Northstar Care for Children foster care program must maintain the
following existing program features:
(1) monthly payments must be made to
the family foster home provider;
(2) notice and appeal procedures must
be consistent with Minnesota Rules, part 9560.0665; and
(3) medical assistance eligibility for
foster children must continue to be determined according to section 256B.055.
(g) The county of financial
responsibility under section 256G.02 or tribal agency authorized under section
256.01, subdivision 14b, may continue existing program features, including:
(1) establishing a local fund of county
money through which the agency may reimburse foster parents for the cost of
repairing damage done to the home and contents by the foster child and the
additional care insurance premium cost of a child who possesses a permit or
license to drive a car; and
(2) paying a fee for specific services
provided by the foster parent, based on the parent's skills, experience, or
training. This fee must not be
considered foster care maintenance.
(h) The following events end the
child's enrollment in the pre-Northstar Care for Children foster care program:
(1) reunification with parent or other
relative;
(2) adoption or transfer of permanent
legal and physical custody;
(3) removal from the current foster
home to a different foster home;
(4) another event that ends the current
placement episode; or
(5) attaining the age of 21.
Subd. 2. Consideration
of other programs. (a) When a
child in foster care is eligible to receive a grant of Retirement Survivors
Disability Insurance (RSDI) or Supplemental Security Income for the aged,
blind, and disabled, or a foster care
maintenance payment under title IV-E of the Social Security Act, United States
Code, title 42, sections 670 to 676,
the child's needs must be met through these programs. Every effort must be made to establish a
child's eligibility for a title IV-E grant to reimburse the county or tribe
from the federal funds available for this purpose.
(b) When a child in foster care
qualifies for home and community-based waivered services under section 256B.49
for community alternative care (CAC), community alternatives for disabled
individuals (CADI), or traumatic brain injury (TBI) waivers, this service does
not substitute for the child foster care program. When a foster child is receiving waivered
services benefits, the county of financial responsibility under section 256G.02
or tribal agency authorized under section 256.01, subdivision 14b, assesses and
provides foster care maintenance including difficulty of care using the
established tool in Minnesota Rules, part 9560.0654. If it is determined that additional services
are needed to meet the child's needs in the home that are not or cannot be met
by the foster care program, the needs must be referred to the waivered service
program.
Sec. 21. [260C.4412]
PAYMENT FOR RESIDENTIAL PLACEMENTS.
When a child is placed in a foster care
group residential setting under Minnesota Rules, parts 2960.0020 to 2960.0710,
foster care maintenance payments must be made on behalf of the child to cover
the cost of providing food, clothing, shelter, daily supervision, school
supplies, child's personal incidentals and supports, reasonable travel for
visitation, or other transportation needs associated with the items listed. Daily supervision in the group residential
setting includes routine day-to-day direction and arrangements to ensure the
well-being and safety of the child. It
may also include reasonable costs of administration and operation of the
facility.
EFFECTIVE
DATE. This section is
effective January 1, 2015.
Sec. 22. [260C.4413]
INITIAL CLOTHING ALLOWANCE.
(a) An initial clothing allowance must
be available to a child eligible for:
(1) the pre-Northstar Care for Children
foster care program under section 260C.4411, subdivision 1; and
(2) the Northstar Care for Children
benefits under section 256N.21.
(b) An initial clothing allowance must
also be available for a foster child in a group residential setting based on
the child's individual needs during the first 60 days of the child's initial
placement. The agency must consider the
parent's ability to provide for a child's clothing needs and the residential
facility contracts.
(c) The county of financial
responsibility under section 256G.02 or tribal agency authorized under section
256.01, subdivision 14b, shall approve an initial clothing allowance consistent
with the child's needs. The amount of
the initial clothing allowance must not exceed the monthly basic rate for the
child's age group under section 256N.26, subdivision 3.
EFFECTIVE
DATE. This section is
effective January 1, 2015.
Sec. 23. Minnesota Statutes 2012, section 260C.446, is amended to read:
260C.446
DISTRIBUTION OF FUNDS RECOVERED FOR ASSISTANCE FURNISHED.
When any amount shall be recovered from any
source for assistance furnished under the provisions of sections 260C.001 to
260C.421 and 260C.441, there shall be paid into the treasury of the
state or county in the proportion in which they have respectively contributed
toward the total assistance paid.
EFFECTIVE
DATE. This section is
effective January 1, 2015.
Sec. 24. REPEALER.
(a)
Minnesota Statutes 2012, sections 256.82, subdivision 4; and 260C.441, are
repealed effective January 1, 2015.
(b) Minnesota Rules, parts 9560.0650,
subparts 1, 3, and 6; 9560.0651; and 9560.0655, are repealed effective January
1, 2015."
Delete the title and insert:
"A bill for an act relating to state government; establishing the health and human services budget; modifying provisions related to health care, continuing care, human services licensing, children and family services, program integrity, health-related licensing boards, chemical and mental health services, managed care organizations, waiver
provider standards, home care, and the Department of Health; redesigning home and community-based services; establishing payment methodologies for home and community-based services; adjusting provider rates; setting and modifying fees; modifying autism coverage; modifying assistance programs; establishing Northstar care for children; making technical changes; requiring studies; requiring reports; appropriating money; amending Minnesota Statutes 2012, sections 13.381, subdivisions 2, 10; 13.461, by adding subdivisions; 16A.724, subdivisions 2, 3; 16C.10, subdivision 5; 16C.155, subdivision 1; 43A.23, by adding a subdivision; 62J.692, subdivisions 1, 3, 4, 5, 9, by adding a subdivision; 62Q.19, subdivision 1; 103I.005, by adding a subdivision; 103I.521; 119B.011, by adding a subdivision; 119B.02, by adding a subdivision; 119B.025, subdivision 1; 119B.03, subdivision 4; 119B.05, subdivision 1; 119B.13, subdivisions 1, 1a, 3a, 6, 7, by adding subdivisions; 144.051, by adding subdivisions; 144.0724, subdivisions 4, 6; 144.123, subdivision 1; 144.125, subdivision 1; 144.212; 144.213; 144.215, subdivisions 3, 4; 144.216, subdivision 1; 144.217, subdivision 2; 144.218, subdivision 5; 144.225, subdivisions 1, 4, 7, 8; 144.226; 144.966, subdivisions 2, 3a; 144.98, subdivisions 3, 5, by adding subdivisions; 144.99, subdivision 4; 144A.071, subdivision 4b; 144A.351; 144A.43; 144A.44; 144A.45; 144D.01, subdivision 4; 145.906; 145.986; 145A.17, subdivision 1; 145C.01, subdivision 7; 148B.17, subdivision 2; 148E.065, subdivision 4a; 149A.02, subdivisions 1a, 2, 3, 4, 5, 16, 23, 27, 34, 35, 37, by adding subdivisions; 149A.03; 149A.65, by adding subdivisions; 149A.70, subdivisions 1, 2, 3, 5; 149A.71, subdivisions 2, 4; 149A.72, subdivisions 3, 9, by adding a subdivision; 149A.73, subdivisions 1, 2, 4; 149A.74; 149A.91, subdivision 9; 149A.93, subdivisions 3, 6; 149A.94; 149A.96, subdivision 9; 151.19, subdivisions 1, 3; 151.37, subdivision 4; 151.47, subdivision 1, by adding a subdivision; 151.49; 174.30, subdivision 1; 214.12, by adding a subdivision; 214.40, subdivision 1; 243.166, subdivisions 4b, 7; 245.03, subdivision 1; 245.462, subdivision 20; 245.4661, subdivisions 5, 6; 245.4682, subdivision 2; 245.4871, subdivision 26; 245.4875, subdivision 8; 245.4881, subdivision 1; 245.91, by adding a subdivision; 245.94, subdivisions 2, 2a; 245A.02, subdivisions 1, 9, 10, 14; 245A.03, subdivisions 7, 8, 9; 245A.04, subdivision 13; 245A.042, subdivision 3; 245A.07, subdivisions 2a, 3; 245A.08, subdivision 2a; 245A.10; 245A.11, subdivisions 2a, 7, 7a, 7b, 8; 245A.1435; 245A.144; 245A.1444; 245A.16, subdivision 1; 245A.40, subdivision 5; 245A.50; 245C.04, by adding a subdivision; 245C.08, subdivision 1; 245D.02; 245D.03; 245D.04; 245D.05; 245D.06; 245D.07; 245D.09; 245D.10; 246.18, subdivision 8, by adding a subdivision; 246.54; 252.27, subdivision 2a; 252.291, by adding a subdivision; 252.41, subdivision 3; 252.42; 252.43; 252.44; 252.45; 252.46, subdivision 1a; 253B.10, subdivision 1; 254B.04, subdivision 1; 254B.13; 256.01, subdivisions 2, 24, 34, by adding subdivisions; 256.0112, by adding a subdivision; 256.015, subdivision 1; 256.82, subdivisions 2, 3; 256.9657, subdivisions 3, 3a, 4; 256.969, subdivision 29; 256.975, subdivision 7, by adding subdivisions; 256.9754, subdivision 5, by adding subdivisions; 256.98, subdivision 8; 256B.02, subdivision 17, as added, by adding subdivisions; 256B.021, by adding subdivisions; 256B.04, subdivisions 18, 21, by adding a subdivision; 256B.055, subdivisions 3a, 6, 10, 14, 15, by adding a subdivision; 256B.056, subdivisions 1, 1c, 3, 4, as amended, 5c, 10, by adding a subdivision; 256B.057, subdivisions 1, 8, 10, by adding a subdivision; 256B.06, subdivision 4; 256B.0623, subdivision 2; 256B.0625, subdivisions 9, 13, 13e, 19c, 31, 39, 48, 56, 58, by adding subdivisions; 256B.0631, subdivision 1; 256B.064, subdivisions 1a, 1b, 2; 256B.0659, subdivision 21; 256B.0755, subdivision 3; 256B.0756; 256B.0911, subdivisions 1, 1a, 3a, 4d, 6, 7, by adding a subdivision; 256B.0913, subdivision 4; 256B.0915, subdivisions 3a, 5, by adding a subdivision; 256B.0916, by adding a subdivision; 256B.0917, subdivisions 6, 13, by adding subdivisions; 256B.092, subdivisions 1a, 7, 11, 12, by adding subdivisions; 256B.0943, subdivisions 1, 2, 7, by adding a subdivision; 256B.0946; 256B.095; 256B.0951, subdivisions 1, 4; 256B.0952, subdivisions 1, 5; 256B.0955; 256B.097, subdivisions 1, 3; 256B.196, subdivision 2; 256B.431, subdivision 44; 256B.434, subdivision 4, by adding subdivisions; 256B.437, subdivision 6; 256B.439, subdivisions 1, 2, 3, 4, by adding subdivisions; 256B.441, subdivisions 13, 44, 53, by adding subdivisions; 256B.49, subdivisions 11a, 12, 13, 14, 15, by adding subdivisions; 256B.4912, subdivisions 1, 2, 3, 7, by adding subdivisions; 256B.4913, subdivisions 5, 6, by adding a subdivision; 256B.492; 256B.493, subdivision 2; 256B.501, by adding a subdivision; 256B.5011, subdivision 2; 256B.5012, by adding subdivisions; 256B.69, subdivisions 5c, 5i, 8, 9c, 31, by adding subdivisions; 256B.694; 256B.76, subdivisions 1, 2, 4, by adding a subdivision; 256B.761; 256B.764; 256B.766; 256B.767; 256D.44, subdivision 5; 256I.05, by adding a subdivision; 256J.08, subdivision 24; 256J.21, subdivisions 2, 3; 256J.24, subdivisions 5, 7; 256J.35; 256J.621; 256J.626, subdivision 7; 256K.45; 256L.01, subdivisions 3a, 5, by adding subdivisions; 256L.02, subdivision 2, by adding subdivisions; 256L.03, subdivisions 1, 1a, 3, 5, 6, by adding a subdivision; 256L.04, subdivisions 1, 7, 8, 10, 12, by adding subdivisions; 256L.05, subdivisions 1, 2, 3, 3c; 256L.06, subdivision 3;
256L.07, subdivisions 1, 2, 3; 256L.09, subdivision 2; 256L.11, subdivisions 1, 3; 256L.12, subdivision 1; 256L.15, subdivisions 1, 2; 256M.40, subdivision 1; 257.0755, subdivision 1; 257.75, subdivision 7; 257.85, subdivisions 2, 5, 6; 259A.20, subdivision 4; 260B.007, subdivisions 6, 16; 260C.007, subdivisions 6, 31; 260C.446; 260C.635, subdivision 1; 299C.093; 402A.10; 402A.18; 471.59, subdivision 1; 517.001; 518A.60; 626.556, subdivisions 2, 3, 10d; 626.557, subdivisions 4, 9, 9a, 9e; 626.5572, subdivision 13; Laws 1998, chapter 407, article 6, section 116; Laws 2011, First Special Session chapter 9, article 1, section 3; article 2, section 27; article 10, section 3, subdivision 3, as amended; Laws 2012, chapter 247, article 6, section 4; Laws 2013, chapter 1, section 6; proposing coding for new law in Minnesota Statutes, chapters 62A; 144; 144A; 145; 149A; 151; 214; 245; 245A; 245D; 254B; 256; 256B; 256J; 256L; 259A; 260C; 402A; proposing coding for new law as Minnesota Statutes, chapters 245E; 256N; repealing Minnesota Statutes 2012, sections 62J.693; 103I.005, subdivision 20; 144.123, subdivision 2; 144A.46; 144A.461; 149A.025; 149A.20, subdivision 8; 149A.30, subdivision 2; 149A.40, subdivision 8; 149A.45, subdivision 6; 149A.50, subdivision 6; 149A.51, subdivision 7; 149A.52, subdivision 5a; 149A.53, subdivision 9; 151.19, subdivision 2; 151.25; 151.45; 151.47, subdivision 2; 151.48; 245A.655; 245B.01; 245B.02; 245B.03; 245B.031; 245B.04; 245B.05, subdivisions 1, 2, 3, 5, 6, 7; 245B.055; 245B.06; 245B.07; 245B.08; 245D.08; 252.40; 252.46, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 16, 17, 18, 19, 20, 21; 256.82, subdivision 4; 256B.055, subdivisions 3, 5, 10b; 256B.056, subdivision 5b; 256B.057, subdivisions 1c, 2; 256B.0911, subdivisions 4a, 4b, 4c; 256B.0917, subdivisions 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 14; 256B.096, subdivisions 1, 2, 3, 4; 256B.14, subdivision 3a; 256B.49, subdivision 16a; 256B.4913, subdivisions 1, 2, 3, 4; 256B.501, subdivision 8; 256B.5012, subdivision 13; 256J.24; 256L.01, subdivision 4a; 256L.031; 256L.04, subdivisions 1b, 9, 10a; 256L.05, subdivision 3b; 256L.07, subdivisions 1, 5, 8, 9; 256L.11, subdivisions 5, 6; 256L.17, subdivisions 1, 2, 3, 4, 5; 260C.441; 485.14; 609.093; Laws 2011, First Special Session chapter 9, article 7, section 54, as amended; Minnesota Rules, parts 4668.0002; 4668.0003; 4668.0005; 4668.0008; 4668.0012; 4668.0016; 4668.0017; 4668.0019; 4668.0030; 4668.0035; 4668.0040; 4668.0050; 4668.0060; 4668.0065; 4668.0070; 4668.0075; 4668.0080; 4668.0100; 4668.0110; 4668.0120; 4668.0130; 4668.0140; 4668.0150; 4668.0160; 4668.0170; 4668.0180; 4668.0190; 4668.0200; 4668.0218; 4668.0220; 4668.0230; 4668.0240; 4668.0800; 4668.0805; 4668.0810; 4668.0815; 4668.0820; 4668.0825; 4668.0830; 4668.0835; 4668.0840; 4668.0845; 4668.0855; 4668.0860; 4668.0865; 4668.0870; 4669.0001; 4669.0010; 4669.0020; 4669.0030; 4669.0040; 4669.0050; 9525.1860, subparts 3, items B, C, 4, item D; 9560.0650, subparts 1, 3, 6; 9560.0651; 9560.0655."
We request the adoption of this report and repassage of the bill.
House Conferees: Thomas Huntley, Tina Liebling, Diane Loeffler and Rena Moran.
Senate Conferees: Tony Lourey, Kathy Sheran, Jeff Hayden, Melisa Franzen and Melissa H. Wiklund.
Huntley moved that the report of the
Conference Committee on H. F. No. 1233 be adopted and that the
bill be repassed as amended by the Conference Committee.
A roll call was requested and properly
seconded.
The question was taken on the Huntley
motion and the roll was called. There
were 73 yeas and 57 nays as follows:
Those who voted in the affirmative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
Those who voted in the negative were:
Abeler
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kieffer
Kiel
Kresha
Leidiger
Lohmer
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
The motion prevailed.
The
Speaker resumed the Chair.
H. F. No. 1233, A bill for an act relating to state government; establishing the health and human services budget; modifying provisions related to health care, continuing care, human services licensing, chemical and mental health, managed care organizations, waiver provider standards, home care, and the Department of Health; redesigning home and community-based services; establishing payment methodologies for home and community-based services; adjusting nursing and ICF/DD facility rates; setting and modifying fees; modifying autism coverage; modifying assistance programs; requiring licensing of certain abortion facilities; requiring drug testing; making technical changes; requiring studies; requiring reports; appropriating money; amending Minnesota Statutes 2012, sections 16A.724, subdivisions 2, 3; 16C.10, subdivision 5; 16C.155, subdivision 1; 62A.65, subdivision 2, by adding a subdivision; 62J.692, subdivision 4; 62Q.19, subdivision 1; 103I.005, by adding a subdivision; 103I.521; 119B.13, subdivision 7; 144.051, by adding subdivisions; 144.0724, subdivisions 4, 6; 144.123, subdivision 1; 144.125, subdivision 1; 144.966, subdivisions 2, 3a; 144.98, subdivisions 3, 5, by adding subdivisions; 144.99, subdivision 4; 144A.351; 144A.43; 144A.44; 144A.45; 144A.53, subdivision 2; 144D.01, subdivision 4; 145.986; 145C.01, subdivision 7; 148E.065, subdivision 4a; 149A.02, subdivisions 1a, 2, 3, 4, 5, 16, 23, 27, 34, 35, 37, by adding subdivisions; 149A.03; 149A.65, by adding subdivisions; 149A.70, subdivisions 1, 2, 3, 5; 149A.71, subdivisions 2, 4; 149A.72, subdivisions 3, 9, by adding a subdivision; 149A.73, subdivisions 1, 2, 4; 149A.74; 149A.91, subdivision 9; 149A.93, subdivisions 3, 6; 149A.94; 149A.96, subdivision 9; 174.30, subdivision 1; 214.40, subdivision 1; 243.166, subdivisions 4b, 7; 245.4661, subdivisions 5, 6; 245.4682, subdivision 2; 245A.02, subdivisions 1, 9, 10, 14; 245A.03, subdivisions 7, 8, 9; 245A.04, subdivision 13; 245A.042, subdivision 3; 245A.07, subdivisions 2a, 3; 245A.08, subdivision 2a; 245A.10; 245A.11, subdivisions 2a, 7, 7a, 7b, 8; 245A.1435; 245A.144; 245A.1444; 245A.16, subdivision 1; 245A.40, subdivision 5; 245A.50; 245C.04, by adding a subdivision; 245C.08, subdivision 1; 245D.02; 245D.03; 245D.04; 245D.05; 245D.06; 245D.07; 245D.09; 245D.10; 246.18, subdivision 8, by adding a subdivision; 246.54; 254B.04, subdivision 1; 254B.13; 256.01, subdivisions 2, 24, 34, by adding subdivisions; 256.9657, subdivisions 1, 2, 3a; 256.9685, subdivision 2; 256.969, subdivisions 3a, 29; 256.975, subdivision 7, by adding subdivisions; 256.9754, subdivision 5, by adding subdivisions; 256B.02, by adding subdivisions; 256B.021,
by
adding subdivisions; 256B.04, subdivisions 18, 21, by adding a subdivision;
256B.055, subdivisions 3a, 6, 10, 14, 15, by adding a subdivision; 256B.056,
subdivisions 1, 1c, 3, 4, as amended, 5c, 10, by adding a subdivision;
256B.057, subdivisions 1, 8, 10, by adding a subdivision; 256B.06, subdivision
4; 256B.0623, subdivision 2; 256B.0625, subdivisions 9, 13e, 19c, 31, 39, 48,
58, by adding subdivisions; 256B.0631, subdivision 1; 256B.064, subdivisions
1a, 1b, 2; 256B.0659, subdivision 21; 256B.0755, subdivision 3; 256B.0756;
256B.0911, subdivisions 1, 1a, 3a, 4d, 6, 7, by adding a subdivision;
256B.0913, subdivision 4, by adding a subdivision; 256B.0915, subdivisions 3a,
5, by adding a subdivision; 256B.0916, by adding a subdivision; 256B.0917,
subdivisions 6, 13, by adding subdivisions; 256B.092, subdivisions 11, 12, by
adding subdivisions; 256B.0946; 256B.095; 256B.0951, subdivisions 1, 4; 256B.0952,
subdivisions 1, 5; 256B.097, subdivisions 1, 3; 256B.431, subdivision 44;
256B.434, subdivision 4, by adding a subdivision; 256B.437, subdivision 6;
256B.439, subdivisions 1, 2, 3, 4, by adding a subdivision; 256B.441,
subdivisions 13, 53; 256B.49, subdivisions 11a, 12, 14, 15, by adding
subdivisions; 256B.4912, subdivisions 1, 2, 3, 7, by adding subdivisions;
256B.4913, subdivisions 5, 6, by adding a subdivision; 256B.492; 256B.493,
subdivision 2; 256B.5011, subdivision 2; 256B.5012, by adding subdivisions;
256B.69, subdivisions 5c, 31, by adding a subdivision; 256B.694; 256B.76,
subdivisions 2, 4, by adding a subdivision; 256B.761;
256B.764; 256B.766; 256D.024, by adding a subdivision; 256I.04, subdivision 3;
256I.05, subdivision 1e, by adding a subdivision; 256J.15, by adding a
subdivision; 256J.26, subdivision 3, by adding a subdivision; 256J.35; 256K.45;
256L.01, subdivisions 3a, 5, by adding subdivisions; 256L.02, subdivision 2, by
adding subdivisions; 256L.03, subdivisions 1, 1a, 3, 5, 6, by adding a
subdivision; 256L.04, subdivisions 1, 7, 8, 10, by adding subdivisions;
256L.05, subdivisions 1, 2, 3; 256L.06, subdivision 3; 256L.07, subdivisions 1,
2, 3; 256L.09, subdivision 2; 256L.11, subdivision 6; 256L.15, subdivisions 1,
2; 257.0755, subdivision 1; 260B.007, subdivisions 6, 16; 260C.007,
subdivisions 6, 31; 270B.14, subdivision 1; 471.59, subdivision 1; 626.556,
subdivisions 2, 3, 10d; 626.557, subdivisions 4, 9, 9a, 9e; 626.5572,
subdivision 13; Laws 1998, chapter 407, article 6, section 116; Laws 2011,
First Special Session chapter 9, article 1, section 3; article 2, section 27;
article 10, section 3, subdivision 3, as amended; proposing coding for new law
in Minnesota Statutes, chapters 3; 62A; 62D; 144; 144A; 145; 149A; 214; 245;
245A; 245D; 254B; 256; 256B; 256L; repealing Minnesota Statutes 2012, sections
103I.005, subdivision 20; 144.123, subdivision 2; 144A.46; 144A.461; 149A.025;
149A.20, subdivision 8; 149A.30, subdivision 2; 149A.40, subdivision 8;
149A.45, subdivision 6; 149A.50, subdivision 6; 149A.51, subdivision 7;
149A.52, subdivision 5a; 149A.53, subdivision 9; 245A.655; 245B.01; 245B.02;
245B.03; 245B.031; 245B.04; 245B.05, subdivisions 1, 2, 3, 5, 6, 7; 245B.055; 245B.06; 245B.07; 245B.08;
245D.08; 256B.055, subdivisions 3, 5, 10b; 256B.056, subdivision 5b;
256B.057, subdivisions 1c, 2; 256B.0911, subdivisions 4a, 4b, 4c; 256B.0917,
subdivisions 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 14; 256B.096, subdivisions 1,
2, 3, 4; 256B.14, subdivision 3a; 256B.49, subdivision 16a; 256B.4913,
subdivisions 1, 2, 3, 4; 256B.5012, subdivision 13; 256J.24, subdivision 6;
256K.45, subdivision 2; 256L.01, subdivision 4a; 256L.031; 256L.04,
subdivisions 1b, 9, 10a; 256L.05, subdivision 3b; 256L.07, subdivisions 5, 8,
9; 256L.11, subdivision 5; 256L.12; 256L.17, subdivisions 1, 2, 3, 4, 5;
485.14; 609.093; Laws 2011, First Special Session chapter 9, article 7, section
54, as amended; Minnesota Rules, parts 4668.0002; 4668.0003; 4668.0005;
4668.0008; 4668.0012; 4668.0016; 4668.0017; 4668.0019; 4668.0030; 4668.0035;
4668.0040; 4668.0050; 4668.0060; 4668.0065; 4668.0070; 4668.0075; 4668.0080;
4668.0100; 4668.0110; 4668.0120; 4668.0130; 4668.0140; 4668.0150; 4668.0160;
4668.0170; 4668.0180; 4668.0190; 4668.0200; 4668.0218; 4668.0220; 4668.0230;
4668.0240; 4668.0800; 4668.0805; 4668.0810; 4668.0815; 4668.0820; 4668.0825;
4668.0830; 4668.0835; 4668.0840; 4668.0845; 4668.0855; 4668.0860; 4668.0865;
4668.0870; 4669.0001; 4669.0010; 4669.0020; 4669.0030; 4669.0040; 4669.0050.
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 73 yeas and 61 nays as follows:
Those who voted in the affirmative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
Those who voted in the negative were:
Abeler
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Kresha
Leidiger
Lohmer
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zellers
Zerwas
The bill was repassed, as amended by
Conference, and its title agreed to.
MESSAGES FROM THE SENATE, Continued
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:
H. F. No. 527, A bill for an act relating to commerce; regulating money transmitters; clarifying required fraud prevention measures; amending Minnesota Statutes 2012, section 53B.27, subdivision 1.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:
H. F. No. 738, A bill for an act relating to the Metropolitan Council; making miscellaneous technical corrections to statutes; removing and modifying obsolete language; amending Minnesota Statutes 2012, sections 473.157; 473.517, subdivisions 1, 6, 9; 473.519; 473.523, subdivision 1; 473.541, subdivision 2; 473.543, subdivision 1; 473.545.
JoAnne M. Zoff, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned:
H. F. No. 1304, A bill for an act relating to transportation; amending regulations governing school bus use for special events; amending Minnesota Statutes 2012, sections 168.013, subdivision 18; 169.011, by adding a subdivision; 169.441, subdivision 3; 169.443, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 169.
JoAnne M. Zoff, 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. 80, A bill for an act relating to judgments; regulating assigned consumer debt default judgments; proposing coding for new law in Minnesota Statutes, chapter 548.
JoAnne M. Zoff, Secretary of the Senate
CONCURRENCE AND REPASSAGE
Hilstrom moved that the House concur in
the Senate amendments to H. F. No. 80 and that the bill be
repassed as amended by the Senate. The
motion prevailed.
H. F. No. 80,
A bill for an act relating to judgments; regulating assigned consumer debt
default judgments; providing a limitation period to bring an action arising out
of consumer debt; setting the bail amount for failure to comply with judgment
debtor disclosure requirements in consumer debt cases; amending Minnesota
Statutes 2012, sections 491A.02, subdivision 9; 550.011; 588.04; proposing
coding for new law in Minnesota Statutes, chapters 541; 548.
The bill was read for the third time, as
amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 134 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Abeler
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
FitzSimmons
Franson
Freiberg
Fritz
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kieffer
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Peppin
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zellers
Zerwas
Spk. Thissen
The bill was repassed, as amended by the
Senate, and its title agreed to.
MOTIONS AND RESOLUTIONS
Holberg moved that the name of Pugh be
added as an author on H. F. No. 183. The motion prevailed.
Davnie moved that the name of Dorholt be
added as an author on H. F. No. 353. The motion prevailed.
Holberg moved that the name of Pugh be
added as an author on H. F. No. 474. The motion prevailed.
Peppin moved that her name be stricken as
an author on H. F. No. 1823.
The motion prevailed.
Kieffer moved that her name be stricken as
an author on H. F. No. 1823.
The motion prevailed.
ADJOURNMENT
Murphy, E., moved that when the House
adjourns today it adjourn until 9:00 a.m., Saturday, May 18, 2013. The motion prevailed.
Murphy, E., moved that the House
adjourn. The motion prevailed, and the
Speaker declared the House stands adjourned until 9:00 a.m., Saturday, May 18,
2013.
Albin
A. Mathiowetz,
Chief Clerk, House of Representatives