STATE OF
MINNESOTA
NINETY-FIRST
SESSION - 2019
_____________________
TWENTY-SECOND
DAY
Saint Paul, Minnesota, Thursday, March 14, 2019
The House of Representatives convened at
3:30 p.m. and was called to order by Melissa Hortman, Speaker of the House.
Prayer was offered by the Reverend Greg
Snow, St. John's Lutheran Church, Chaska, 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:
Acomb
Albright
Anderson
Bahner
Bahr
Baker
Becker-Finn
Bennett
Bernardy
Bierman
Boe
Brand
Cantrell
Carlson, A.
Carlson, L.
Christensen
Claflin
Considine
Daniels
Daudt
Davids
Davnie
Dehn
Demuth
Dettmer
Drazkowski
Ecklund
Edelson
Elkins
Erickson
Fabian
Fischer
Franson
Freiberg
Garofalo
Gomez
Green
Gruenhagen
Gunther
Haley
Halverson
Hamilton
Hansen
Hassan
Hausman
Heinrich
Heintzeman
Her
Hertaus
Hornstein
Howard
Huot
Johnson
Jurgens
Kiel
Klevorn
Koegel
Kotyza-Witthuhn
Koznick
Kresha
Kunesh-Podein
Layman
Lee
Lesch
Liebling
Lien
Lillie
Lippert
Lislegard
Loeffler
Long
Lucero
Lueck
Mann
Mariani
Marquart
Masin
McDonald
Mekeland
Miller
Moller
Moran
Morrison
Munson
Murphy
Nash
Nelson
Neu
Noor
Nornes
O'Driscoll
Olson
O'Neill
Pelowski
Persell
Petersburg
Pierson
Pinto
Poppe
Poston
Pryor
Quam
Richardson
Robbins
Runbeck
Sandell
Sandstede
Sauke
Schomacker
Schultz
Scott
Stephenson
Sundin
Swedzinski
Tabke
Theis
Torkelson
Urdahl
Vang
Vogel
Wagenius
Wazlawik
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Zerwas
Spk. Hortman
A quorum was present.
Backer, Grossell, Mahoney and West were
excused.
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.
PETITIONS
AND COMMUNICATIONS
The following communications were
received:
STATE OF
MINNESOTA
OFFICE OF
THE GOVERNOR
SAINT PAUL
55155
March 12,
2019
The
Honorable Melissa Hortman
Speaker
of the House of Representatives
The
State of Minnesota
Dear Speaker Hortman:
Please be advised that I have received,
approved, signed, and deposited in the Office of the Secretary of State the
following House File:
H. F. No. 211, relating
to transportation; authorizing licensed physical therapists to provide a
medical statement for parking privileges for physically disabled persons.
Sincerely,
Tim
Walz
Governor
STATE OF
MINNESOTA
OFFICE OF
THE SECRETARY OF STATE
ST. PAUL
55155
The Honorable Melissa Hortman
Speaker of the House of
Representatives
The Honorable Jeremy R. Miller
President of the Senate
I have the honor to inform you that the
following enrolled Act of the 2019 Session of the State Legislature has been
received from the Office of the Governor and is deposited in the Office of the
Secretary of State for preservation, pursuant to the State Constitution,
Article IV, Section 23:
|
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2019 |
Date Filed 2019 |
211 3 3:02
p.m. March 12 March 12
Sincerely,
Steve
Simon
Secretary
of State
REPORTS
OF STANDING COMMITTEES AND DIVISIONS
Halverson from the Committee on Commerce to which was referred:
H. F. No. 12, A bill for an act relating to health; prohibiting conversion therapy with children or vulnerable adults; prohibiting medical assistance coverage for conversion therapy; prohibiting the misrepresentation of conversion therapy services or products; amending Minnesota Statutes 2018, sections 256B.0625, by adding a subdivision; 325F.69, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 214.
Reported the same back with the following amendments:
Page 2, line 15, delete everything after "services"
Page 2, delete line 16
Page 2, line 17, delete everything before the period
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Halverson from the Committee on Commerce to which was referred:
H. F. No. 90, A bill for an act relating to health; establishing consumer protections for residents of assisted living establishments; establishing an assisted living establishment license; providing criminal penalties; granting rulemaking authority; adding provisions for processing and enforcement of maltreatment reports; requiring reports; amending Minnesota Statutes 2018, sections 144.057, subdivision 1; 144.0721; 144.122; 144.651, subdivision 1, by adding a subdivision; 144A.10, subdivision 1; 144A.18; 144A.19, subdivision 1; 144A.20, subdivision 1; 144A.21; 144A.23; 144A.24; 144A.251; 144A.2511; 144A.26; 144A.27; 144A.45, subdivisions 1, 2; 144A.474, subdivisions 8, 9, 11; 144A.4791, subdivision 10; 144A.53, subdivision 1, by adding subdivisions; 144D.01, subdivisions 2a, 4, 5, by adding subdivisions; 144D.015; 144D.02; 144D.04, subdivision 1; 144D.05; 144D.06; 144D.09; 144D.10; 144D.11; 325F.72, subdivisions 1, 4; 626.557, subdivisions 4, 9c, 12b; proposing coding for new law in Minnesota Statutes, chapter 144; proposing coding for new law as Minnesota Statutes, chapters 144I; 144J; repealing Minnesota Statutes 2018, sections 144A.44; 144A.441; 144A.442; 144D.01, subdivision 6; 144D.025; 144D.04, subdivisions 2, 3; 144D.045; 144D.065; 144D.066; 144D.07; 144G.01; 144G.02; 144G.03, subdivisions 1, 2, 3, 4, 5, 6; 144G.04; 144G.05; 144G.06.
Reported the same back with the following amendments:
Page 77, delete article 6
Amend the title as follows:
Page 1, line 4, delete "criminal" and delete everything after the second semicolon
Page 1, line 5, delete everything before "requiring"
Correct the title numbers accordingly
With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Persell from the Committee on Environment and Natural Resources Policy to which was referred:
H. F. No. 122, A bill for an act relating to transportation; state lands; providing for conveyance of state land to a private entity.
Reported the same back with the recommendation that the bill be re-referred to the Transportation Finance and Policy Division.
The
report was adopted.
Moran from the Committee on Health and Human Services Policy to which was referred:
H. F. No. 288, A bill for an act relating to health care; prohibiting health plan companies from removing coverage of a particular brand of insulin or equipment and supplies during an enrollee's contract year; amending Minnesota Statutes 2018, section 62A.3093, by adding a subdivision.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Moran from the Committee on Health and Human Services Policy to which was referred:
H. F. No. 289, A bill for an act relating to health care; requiring the reporting of the cost of prescription drugs that are used to treat diabetes; proposing coding for new law in Minnesota Statutes, chapter 62J.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Moran from the Committee on Health and Human Services Policy to which was referred:
H. F. No. 306, A bill for an act relating to health insurance; requiring health plan coverage for treatment of pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and pediatric acute-onset neuropsychiatric syndrome; requiring reports; proposing coding for new law in Minnesota Statutes, chapter 62A.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Persell from the Committee on Environment and Natural Resources Policy to which was referred:
H. F. No. 359, A bill for an act relating to health; prohibiting the use of certain flame-retardant chemicals in certain products; amending Minnesota Statutes 2018, section 325F.071.
Reported the same back with the following amendments:
Page 2, line 1, reinstate the stricken language and delete "2020"
Page 2, line 12, reinstate the stricken language and delete "2021"
Page 2, line 28, delete "no" and insert "a"
Page 2, line 29, after "may" insert "only"
Page 2, line 30, before the period, insert "to oil refineries, oil and petroleum terminals, and airports"
Page 2, after line 30, insert:
"Subd. 5. Training exercises. Class B firefighting foam that contains intentionally added PFC or perfluorinated chemicals shall not be used in training exercises, including at oil refineries, oil and petroleum terminals, and airports."
Page 2, line 31, delete "5" and insert "6"
Page 3, after line 2, insert:
"EFFECTIVE
DATE. (a) The amendments to
subdivision 2, paragraph (a), are effective July 1, 2020.
(b) The amendments to subdivision 2, paragraph (b), are effective July 1, 2021."
With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Hornstein from the Transportation Finance and Policy Division to which was referred:
H. F. No. 365, A bill for an act relating to driver's licenses; repealing certain driver licensing requirements related to diabetes mellitus; repealing Minnesota Rules, part 7410.2610, subparts 1, 2, 3, 3a, 5a, 5b, 6.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Government Operations.
The
report was adopted.
Moran from the Committee on Health and Human Services Policy to which was referred:
H. F. No. 440, A bill for an act relating to insurance; requiring coverage for certain breast cancer screening procedures; amending Minnesota Statutes 2018, section 62A.30, by adding a subdivision.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Hornstein from the Transportation Finance and Policy Division to which was referred:
H. F. No. 492, A bill for an act relating to public safety; establishing a misdemeanor for traffic violations that cause great bodily harm or death to another; amending Minnesota Statutes 2018, section 169.13, subdivision 2.
Reported the same back with the following amendments:
Page 1, after line 13, insert:
"(c) A person charged with or cited for a violation of paragraph (b) who is not arrested, taken into custody, and detained until the person's first court appearance must be issued a summons for a court appearance. Notwithstanding section 609.101, subdivision 4, the Judicial Council may not include a violation of paragraph (b) on the Statewide Payables List."
Page 1, after line 15, insert:
"Sec. 2. SHORT
TITLE AND CITATION.
Section 1 may be cited as "Brooklyn Larson's Law.""
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Sundin from the Committee on Labor to which was referred:
H. F. No. 557, A bill for an act relating to health; protecting physician-patient relationship by prohibiting noncompete agreements; proposing coding for new law in Minnesota Statutes, chapter 145.
Reported the same back with the following amendments:
Page 1, after line 19, insert:
"EFFECTIVE DATE. This section is effective the day following final enactment and applies to contracts entered into on or after that date."
With the recommendation that when so amended the bill be re-referred to the Judiciary Finance and Civil Law Division.
The
report was adopted.
Lesch from the Judiciary Finance and Civil Law Division to which was referred:
H. F. No. 724, A bill for an act relating to family law; clarifying the parentage of a woman who provides donated ova; clarifying rights of spouse to parentage when assisted reproductive technology is used; amending Minnesota Statutes 2018, section 257.56.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2018, section 257.56, is amended to read:
257.56
ARTIFICIAL INSEMINATION ASSISTED REPRODUCTION.
Subdivision 1. Husband
Spouse treated as biological father parent. If, under the supervision of a licensed
physician and with the consent of her husband spouse, a wife
is inseminated artificially woman conceives through assisted
reproduction with semen or ova or both, donated by a man not her
husband donor or donors not her spouse, the husband spouse
is treated in law as if he were the biological father the parent
of a child thereby conceived. The husband's
spouse's consent must be in writing and signed by him and his wife
the spouse and the woman conceiving through assisted reproduction. The consent must be retained by the physician
for at least four years after the confirmation of a pregnancy that occurs
during the process of artificial insemination assisted reproduction.
All papers and records pertaining to the insemination
assisted reproduction, whether part of the permanent record of a court
or of a file held by the supervising physician or elsewhere, are subject to
inspection only upon an order of the court for good cause shown.
Subd. 2. Donor
not treated as biological father parent. The donor of semen or ova provided
to a licensed physician for use in artificial insemination of assisted
reproduction by a married woman other than the donor's wife spouse
is treated in law as if he were the donor is not the biological
father parent of a child thereby conceived, unless a court finds
satisfactory evidence that the donor and the woman intended for the donor to be
a parent."
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Moran from the Committee on Health and Human Services Policy to which was referred:
H. F. No. 725, A bill for an act relating to human services; establishing an alternative payment methodology for federally qualified health centers and rural health clinics; clarifying allowable costs for change of scope services; amending Minnesota Statutes 2018, section 256B.0625, subdivision 30.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2018, section 256B.0625, subdivision 30, is amended to read:
Subd. 30. Other clinic services. (a) Medical assistance covers rural health clinic services, federally qualified health center services, nonprofit community health clinic services, and public health clinic services. Rural health clinic services and federally qualified health center services mean services defined in United States Code, title 42, section 1396d(a)(2)(B) and (C). Payment for rural health clinic and federally qualified health center services shall be made according to applicable federal law and regulation.
(b) A federally qualified health center (FQHC)
that is beginning initial operation shall submit an estimate of budgeted costs
and visits for the initial reporting period in the form and detail required by
the commissioner. A federally
qualified health center An FQHC that is already in operation shall
submit an initial report using actual costs and visits for the initial
reporting period. Within 90 days of the
end of its reporting period, a federally qualified health center an
FQHC shall submit, in the form and detail required by the commissioner, a report
of its operations, including allowable costs actually incurred for the period
and the actual number of visits for services furnished during the period, and
other information required by the commissioner.
Federally qualified health centers FQHCs that file
Medicare cost reports shall provide the commissioner with a copy of the most
recent Medicare cost report filed with the Medicare program intermediary for
the reporting year which support the costs claimed on their cost report to the
state.
(c) In order to continue cost-based payment
under the medical assistance program according to paragraphs (a) and (b), a
federally qualified health center an FQHC or rural health clinic
must apply for designation as an essential community provider within six months
of final adoption of rules by the Department of Health according to section
62Q.19, subdivision 7. For those federally
qualified health centers FQHCs and rural health clinics that have
applied for essential community provider status within the six-month time
prescribed, medical assistance payments will continue to be made according to
paragraphs (a) and (b) for the first three years after application. For federally qualified health centers
FQHCs and rural health clinics that either do not apply within the time
specified above or who have had essential community provider status for three
years, medical assistance payments for health services provided by these
entities shall be according to the same rates and conditions applicable to the
same service provided by health care providers that are not federally
qualified health centers FQHCs or rural health clinics.
(d) Effective July 1, 1999, the provisions
of paragraph (c) requiring a federally qualified health center an
FQHC or a rural health clinic to make application for an essential
community provider designation in order to have cost‑based payments made
according to paragraphs (a) and (b) no longer apply.
(e) Effective January 1, 2000, payments made according to paragraphs (a) and (b) shall be limited to the cost phase-out schedule of the Balanced Budget Act of 1997.
(f) Effective January 1, 2001, through
December 31, 2020, each federally qualified health center FQHC
and rural health clinic may elect to be paid either under the prospective
payment system established in United States Code, title 42, section 1396a(aa),
or under an alternative payment methodology consistent with the requirements of
United States Code, title 42, section 1396a(aa), and approved by the Centers
for Medicare and Medicaid Services. The
alternative payment methodology shall be 100 percent of cost as determined
according to Medicare cost principles.
(g)
Effective for services provided on or after January 1, 2021, all claims for
payment of clinic services provided by FQHCs and rural health clinics shall be
paid by the commissioner, according to an annual election by the FQHC or rural
health clinic, under the current prospective payment system described in
paragraph (f) or the alternative payment methodology described in paragraph
(l).
(h) For purposes of this section, "nonprofit community clinic" is a clinic that:
(1) has nonprofit status as specified in chapter 317A;
(2) has tax exempt status as provided in Internal Revenue Code, section 501(c)(3);
(3) is established to provide health services to low-income population groups, uninsured, high-risk and special needs populations, underserved and other special needs populations;
(4) employs professional staff at least one-half of which are familiar with the cultural background of their clients;
(5) charges for services on a sliding fee scale designed to provide assistance to low-income clients based on current poverty income guidelines and family size; and
(6) does not restrict access or services because of a client's financial limitations or public assistance status and provides no-cost care as needed.
(h) (i) Effective for
services provided on or after January 1, 2015, all claims for payment of clinic
services provided by federally qualified health centers FQHCs and
rural health clinics shall be paid by the commissioner. the commissioner shall determine the most
feasible method for paying claims from the following options:
(1) federally qualified health centers
FQHCs and rural health clinics submit claims directly to the
commissioner for payment, and the commissioner provides claims information for
recipients enrolled in a managed care or county‑based purchasing plan to
the plan, on a regular basis; or
(2) federally qualified health centers
FQHCs and rural health clinics submit claims for recipients enrolled in
a managed care or county-based purchasing plan to the plan, and those claims
are submitted by the plan to the commissioner for payment to the clinic.
(i) (j) For clinic services
provided prior to January 1, 2015, the commissioner shall calculate and pay
monthly the proposed managed care supplemental payments to clinics, and clinics
shall conduct a timely review of the payment calculation data in order to
finalize all supplemental payments in accordance with federal law. Any issues arising from a clinic's review
must be reported to the commissioner by January 1, 2017. Upon final agreement between the commissioner
and a clinic on issues identified under this subdivision, and in accordance
with United States Code, title 42, section 1396a(bb), no supplemental payments
for managed care plan or county-based purchasing plan claims for services
provided prior to January 1, 2015, shall be made after June 30, 2017. If the commissioner and clinics are unable to
resolve issues under this subdivision, the parties shall submit the dispute to
the arbitration process under section 14.57.
(j) (k) The commissioner
shall seek a federal waiver, authorized under section 1115 of the Social
Security Act, to obtain federal financial participation at the 100 percent
federal matching percentage available to facilities of the Indian Health
Service or tribal organization in accordance with section 1905(b) of the Social
Security Act for expenditures made to organizations dually certified under
Title V of the Indian Health Care Improvement Act, Public Law 94-437, and as a
federally qualified health center under paragraph (a) that provides services to
American Indian and Alaskan Native individuals eligible for services under this
subdivision.
(l)
All claims for payment of clinic services provided by FQHCs and rural health
clinics, that have elected to be paid under this paragraph, shall be paid by
the commissioner according to the following requirements:
(1) the commissioner shall establish a
single medical and single dental organization rate for each FQHC and rural
health clinic when applicable;
(2) each FQHC and rural health clinic
is eligible for same day reimbursement of one medical and one dental
organization rate if eligible medical and dental visits are provided on the
same day;
(3) the commissioner shall reimburse
FQHCs and rural health clinics, in accordance with Medicare cost principles,
their allowable costs, including direct patient care costs and patient-related
support services. Nonallowable costs
include, but are not limited to:
(i) general social service and
administrative costs;
(ii) retail pharmacy;
(iii) patient incentives, food, housing
assistance, and utility assistance;
(iv) external lab and x-ray;
(v) navigation services;
(vi) health care taxes;
(vii) advertising, public relations,
and marketing;
(viii) office entertainment costs,
food, alcohol, and gifts;
(ix) contributions and donations;
(x) bad debts or losses on awards or
contracts;
(xi) fines, penalties, damages, or
other settlements;
(xii) fund-raising, investment
management, and associated administrative costs;
(xiii) research and associated
administrative costs;
(xiv) nonpaid workers;
(xv) lobbying;
(xvi) scholarships and student aid; and
(xvii) nonmedical assistance covered
services.
(4) the base year payment rates for
FQHCs and rural health clinics:
(i) must be determined using each
FQHC's and rural health clinic's Medicare cost reports from 2017 and 2018;
(ii)
must be according to current Medicare cost principles as applicable to FQHCs
and rural health clinics without the application of productivity screens and
upper payment limits or the Medicare prospective payment system FQHC aggregate
mean upper payment limit; and
(iii) must provide for a 60-day appeals
process under section 14.57;
(5) the commissioner shall annually
inflate the payment rates for FQHCs and rural health clinics from the base year
payment rate to the effective date by using the CMS FQHC Market Basket inflator
established under United States Code, title 42, section 1395m(o), less
productivity;
(6) FQHCs' and rural health clinics'
payment rates shall be rebased by the commissioner every two years and adjusted
biannually by the CMS FQHC Market Basket inflator established under United
States Code, title 42, section 1395m(o), less productivity;
(7) the commissioner shall reimburse
FQHCs and rural health clinics an additional amount relative to their medical
and dental organization rates that is attributable to the tax required to be
paid according to section 295.52, if applicable;
(8) FQHCs and rural health clinics may
submit change of scope requests to the commissioner if the change of scope
would result in an increase or decrease of 2.5 percent or higher in the medical
or dental organization rate currently received by the FQHC or rural health
clinic;
(9) For FQHCs and rural health clinics
seeking a change in scope with the commissioner under clause (8) that requires
the approval of the scope change by the federal Health Resources Services
Administration:
(i) FQHCs and rural health clinics
shall submit the change of scope request, including the start date of services,
to the commissioner within seven business days of submission of the scope
change to the federal Health Resources Services Administration;
(ii) the commissioner shall establish
the effective date of the payment change as the federal Health Resources
Services Administration date of approval of the FQHC's or rural health clinic's
scope change request, or the effective start date of services, whichever is
later; and
(iii) within 45 days of one year after
the effective date established in item (ii), the commissioner shall conduct a
retroactive review to determine if the actual costs or encounters result in an
increase or decrease of 2.5 percent or higher in the medical or dental
organization rate, and if this is the case, the commissioner shall revise the
rate accordingly and shall adjust payments retrospectively to the effective
date established in item (ii);
(10) for change of scope requests that
do not require federal Health Resources Services Administration approval, the
FQHC and rural health clinic shall submit the request to the commissioner
before implementing the change, and the effective date of the change is the
date the commissioner received the FQHC's or rural health clinic's request, or
the effective start date of the service, whichever is later. The commissioner shall provide a response to
the FQHC's or rural health clinic's request within 45 days of submission and
provide a final approval within 120 days of submission. This timeline may be waived at the mutual
agreement of the commissioner and the FQHC or rural health clinic if more
information is needed to evaluate the request;
(11) the commissioner, when
establishing organization rates for new FQHCs and rural health clinics, shall
consider the patient caseload of existing FQHCs and rural health clinics in a
60-mile radius for organizations established outside of the seven-county
metropolitan area, and in a 30-mile radius for organizations in the seven‑county
metropolitan area. If this information
is not available, the commissioner may use Medicare cost reports or audited
financial statements to establish base rate;
(12)
the commissioner shall establish a quality measures workgroup that includes
representatives from the Minnesota Association of Community Health Centers,
FQHCs, and rural health clinics, to evaluate clinical and nonclinical measures;
and
(13) the commissioner shall not
disallow or reduce costs that are related to an FQHC's or rural health clinic's
participation in health care educational programs to the extent that the costs
are not accounted for in the alternative payment methodology encounter rate
established in this paragraph.
Sec. 2. STUDY
OF CLINIC COSTS.
The commissioner of human services
shall conduct a five-year comparative analysis of the actual change in FQHC and
rural health clinic costs versus the CMS FQHC Market Basket inflator using 2017
through 2022 finalized Medicare Cost Reports, CMS 2224-14, and report the
findings to the chairs and ranking minority members of the legislative
committees with jurisdiction over health and human services policy and finance,
by July 1, 2025.
Sec. 3. REPEALER.
Minnesota Statutes 2018, section
256B.0625, subdivision 63, is repealed."
Delete the title and insert:
"A bill for an act relating to human services; establishing an alternative payment methodology for federally qualified health centers and rural health clinics; modifying federally qualified health centers and rural health clinics payments; requiring a report; amending Minnesota Statutes 2018, section 256B.0625, subdivision 30; repealing Minnesota Statutes 2018, section 256B.0625, subdivision 63."
With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Moran from the Committee on Health and Human Services Policy to which was referred:
H. F. No. 748, A bill for an act relating to human services; eliminating certain parental contribution fees for services for children with disabilities; amending Minnesota Statutes 2018, sections 252.27, subdivision 2a; 256B.14, subdivision 2.
Reported the same back with the following amendments:
Page 1, line 9, after "option" insert "or for the purposes of accessing home and community-based waiver services"
Page 4, line 22, after "option" insert "or for the purposes of accessing home and community-based waiver services"
With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Halverson from the Committee on Commerce to which was referred:
H. F. No. 766, A bill for an act relating to health; modifying medical cannabis and industrial hemp requirements; appropriating money; amending Minnesota Statutes 2018, sections 18K.02, subdivision 3; 18K.03; 144.99, subdivision 1; 152.22, subdivisions 11, 13, by adding subdivisions; 152.25, subdivisions 1, 1a, 4; 152.27, subdivisions 2, 3, 4, 6; 152.28, subdivision 1; 152.29, subdivisions 1, 2, 3, 3a; 152.31; 152.33, subdivision 1; 152.34; 152.36, subdivision 2.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Ecklund from the Veterans and Military Affairs Finance and Policy Division to which was referred:
H. F. No. 888, A bill for an act relating to veterans; drivers' licenses; applying an expanded definition of veterans for purposes of eligibility for the veteran's identifier on state-issued identification cards; amending Minnesota Statutes 2018, section 171.07, subdivision 15.
Reported the same back with the recommendation that the bill be re-referred to the Transportation Finance and Policy Division.
The
report was adopted.
Ecklund from the Veterans and Military Affairs Finance and Policy Division to which was referred:
H. F. No. 919, A bill for an act relating to state government; establishing a new state holiday to recognize Hmong people who assisted the United States during the Vietnam War; proposing coding for new law in Minnesota Statutes, chapter 10.
Reported the same back with the recommendation that the bill be placed on the General Register.
The
report was adopted.
Moran from the Committee on Health and Human Services Policy to which was referred:
H. F. No. 930, A bill for an act relating to human services; directing commissioner of human services to develop medical assistance TEFRA enrollment content; establishing stakeholder group on the medical assistance TEFRA option; requiring a report.
Reported the same back with the following amendments:
Page 1, line 8, delete everything after "services"
Page 1, line 9, delete everything before "shall"
Page 1, line 11, delete "online"
Page 1, line 12, delete everything after the period
Page 1, delete lines 13 to 16
Page 1, line 21, after the period, insert "The commissioner shall also develop and implement education and training for lead agency staff statewide to improve understanding of the medical assistance TEFRA enrollment and renewal processes and procedures."
Page 1, line 23, delete the colon and insert "revisions to, or the development of, application and renewal paperwork specific to the TEFRA option; possible technology solutions; and county processes."
Page 2, delete lines 1 to 6
Page 2, line 8, before "the" insert "representatives from at least two counties in the metropolitan area and from at least one county in greater Minnesota,"
With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Lesch from the Judiciary Finance and Civil Law Division to which was referred:
H. F. No. 1050, A bill for an act relating to human services; modifying provisions governing child foster care and background studies; amending Minnesota Statutes 2018, sections 245A.05; 245A.07, subdivision 1; 245A.16, by adding a subdivision; 245C.02, by adding a subdivision; 245C.05, subdivisions 2c, 2d, 4, 5; 245C.08, subdivision 3; 245C.14, subdivision 1; 245C.15, by adding a subdivision; 245C.24.
Reported the same back with the following amendments:
Page 2, lines 6 and 25, after "information" insert ", as described in section 245C.05, subdivision 4,"
Page 10, line 9, delete the first colon
Page 10, line 33, delete everything after "individual" and insert a colon
Page 10, delete line 34 and insert:
"(1) committed an action under
paragraph (d) that resulted in death or involved sexual abuse;
(2) committed an act that resulted in a
felony-level conviction for section 609.746 (interference with privacy);
(3) committed an act that resulted in a
gross misdemeanor-level conviction for section 609.3451 (criminal sexual
conduct in the fifth degree); or
(4) committed an act against or involving a minor that resulted in a felony-level conviction for: section 609.221 (assault in the first degree); 609.222 (assault in the second degree); 609.223, subdivision 1 (assault in the third degree); 609.2231 (assault in the fourth degree); or 609.224, subdivision 4 (assault in the fifth degree)."
Page 11, line 4, delete "or"
Page 11, line 5, delete "committing an act that resulted in"
Page 11, line 16, delete "609.221"
Page 11, delete lines 17 to 19
Page 11, line 20, delete "degree);"
Page 11, line 23, delete the period and insert "; or"
Page 11, after line 23, insert:
"(3) less than five years have passed since committing an act not against or involving a minor that resulted in a felony-level conviction for: section 609.221 (assault in the first degree); 609.222 (assault in the second degree); 609.223, subdivision 1 (assault in the third degree); 609.2231 (assault in the fourth degree); or 609.224, subdivision 4 (assault in the fifth degree)."
Page 12, line 2, delete the second "or"
Page 12, line 4, delete the period and insert "; or"
Page 12, after line 4, insert:
"(4) an act that resulted in a gross misdemeanor-level conviction for: section 609.746 (interference with privacy); 609.2242 and 609.2243 (domestic assault); 609.377 (malicious punishment of a child); or 609.378 (neglect or endangerment of a child)."
With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Lesch from the Judiciary Finance and Civil Law Division to which was referred:
H. F. No. 1140, A bill for an act relating to children; establishing requirements for gestational carrier contracts; proposing coding for new law in Minnesota Statutes, chapter 257.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Hornstein from the Transportation Finance and Policy Division to which was referred:
H. F. No. 1188, A bill for an act relating to transportation; requiring drivers to slow down when passing stopped service vehicles; authorizing recycling trucks to be equipped with and to use amber lights while collecting recycling; amending Minnesota Statutes 2018, sections 169.18, subdivision 12; 169.64, subdivision 9.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2018, section 169.011, is amended by adding a subdivision to read:
Subd. 62a. Recycling
vehicle. "Recycling
vehicle" means a vehicle hauling recyclable materials as authorized by
section 115A.93, subdivision 1.
Sec. 2. Minnesota Statutes 2018, section 169.011, is amended by adding a subdivision to read:
Subd. 76a. Solid waste vehicle. "Solid waste vehicle" means a vehicle hauling solid waste as authorized by section 115A.93, subdivision 1.
Sec. 3. Minnesota Statutes 2018, section 169.18, subdivision 11, is amended to read:
Subd. 11. Passing
parked emergency authorized vehicle; citation; probable cause. (a) For purposes of this subdivision,
"authorized vehicle" means an authorized emergency vehicle, as
defined under section 169.011, subdivision 3; a tow truck or towing vehicle, as
defined under section 168B.011, subdivision 12a; a freeway service patrol
vehicle; a road maintenance vehicle; a utility company vehicle; a construction
vehicle; a solid waste vehicle; or a recycling vehicle.
(b) When approaching and before
passing an authorized emergency vehicle with its emergency, flashing,
or warning lights activated that is parked or otherwise stopped on or next
to a street or highway having two lanes in the same direction, the driver of a
vehicle shall safely move the vehicle to the lane farthest away from the emergency
authorized vehicle, if it is possible to do so.
(b) (c) When approaching and
before passing an authorized emergency vehicle with its emergency,
flashing, or warning lights activated that is parked or otherwise stopped
on or next to a street or highway having more than two lanes in the same
direction, the driver of a vehicle shall safely move the vehicle so as to leave
a full lane vacant between the driver and any lane in which the emergency
authorized vehicle is completely or partially parked or otherwise
stopped, if it is possible to do so.
(c) (d) If a lane change
under paragraph (a) (b) or (b) (c) is impossible,
or when approaching and before passing an authorized emergency vehicle
with its emergency, flashing, or warning lights activated that is parked
or otherwise stopped on or next to a street or highway having only one lane in
the same direction, the driver of a vehicle
must reduce the speed of the motor vehicle to a speed that is reasonable and
prudent under the conditions until the motor vehicle has completely passed the
parked or stopped emergency authorized vehicle, if it is possible
to do so.
(d) (e) A peace officer may
issue a citation to the driver of a motor vehicle if the peace officer has
probable cause to believe that the driver has operated the vehicle in violation
of this subdivision within the four-hour period following the termination of the
incident or a receipt of a report under paragraph (e) (f). The citation may be issued even though the
violation was not committed in the presence of the peace officer.
(e) (f) Although probable
cause may be otherwise satisfied by other evidentiary elements or factors,
probable cause is sufficient for purposes of this subdivision when the person
cited is operating the vehicle described by a member of the crew of an
authorized emergency vehicle responding to an incident or performing
work alongside the roadway in a timely report of the violation of this
subdivision, which includes a description of the vehicle used to commit the
offense and the vehicle's license plate number.
For the purposes of issuance of a citation under paragraph (d) (e),
"timely" means that the report must be made within a four-hour period
following the termination of the incident.
(f)
For purposes of paragraphs (a) to (c) only, "authorized emergency
vehicle" and "emergency vehicle" include a towing vehicle
defined in section 168B.011, subdivision 12a, that has activated flashing
lights authorized under section 169.64, subdivision 3, in addition to the
vehicles described in the definition for "authorized emergency
vehicle" in section 169.011, subdivision 3.
Sec. 4. Minnesota Statutes 2018, section 169.64, subdivision 9, is amended to read:
Subd. 9. Warning
lamp on vehicles collecting solid waste or recycling. A vehicle used to collect solid
waste vehicle or recycling vehicle may be equipped with a single amber gaseous
discharge warning lamp that meets the most current Society of
Automotive Engineers standard J 1318 for authorized maintenance and
service vehicles, Class 2. The lamp
may be operated only when the collection vehicle is in the process of
collecting solid waste or recycling and is either:
(1) stopped at an establishment where solid waste or recycling is to be collected; or
(2) traveling at a speed that is at least ten miles per hour below the posted speed limit and moving between establishments where solid waste or recycling is to be collected.
Sec. 5. REPEALER.
Minnesota Statutes 2018, section
169.18, subdivision 12, is repealed."
Correct the title numbers accordingly
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Moran from the Committee on Health and Human Services Policy to which was referred:
H. F. No. 1281, A bill for an act relating to human services; modifying provisions governing behavioral health home services; amending Minnesota Statutes 2018, section 256B.0757, subdivisions 1, 2, 4, 5, by adding subdivisions.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2018, section 256B.0757, subdivision 1, is amended to read:
Subdivision 1. Provision of coverage. (a) The commissioner shall provide medical assistance coverage of health home services for eligible individuals with chronic conditions who select a designated provider as the individual's health home.
(b) The commissioner shall implement this section in compliance with the requirements of the state option to provide health homes for enrollees with chronic conditions, as provided under the Patient Protection and Affordable Care Act, Public Law 111-148, sections 2703 and 3502. Terms used in this section have the meaning provided in that act.
(c)
The commissioner shall establish health homes to serve populations with serious
mental illness who meet the eligibility requirements described under
subdivision 2, paragraph (b) clause (4) (1). The health home services provided by health
homes shall focus on both the behavioral and the physical health of these populations.
(d) The commissioner shall establish
medical respite health homes to serve individuals who are homeless and meet the
eligibility requirements described under subdivision 2, paragraph (b), clause
(2). The commissioner shall work with
stakeholders to develop eligibility requirements, provider qualification
requirements, and service delivery requirements.
EFFECTIVE
DATE. This section is
effective upon federal approval. The
commissioner shall notify the revisor of statutes when federal approval has
been obtained.
Sec. 2. Minnesota Statutes 2018, section 256B.0757, subdivision 2, is amended to read:
Subd. 2. Eligible
individual. (a) The commissioner
may develop health home models in accordance with United States Code, title 42,
section 1396w-4(h)(1).
(b) An individual is eligible for
health home services under this section if the individual is eligible for
medical assistance under this chapter and has at least:
(1) two chronic conditions;
(2) one chronic condition and is at
risk of having a second chronic condition;
(3) one serious and persistent mental
health condition; or
(4) (1) has a condition that
meets the definition of serious mental illness as described in section
245.462, subdivision 20, paragraph (a), or emotional disturbance as defined
in section 245.4871, subdivision 15, clause (2); and has a current
diagnostic assessment as defined in Minnesota Rules, part 9505.0372, subpart 1,
item B or C, as performed or reviewed by a mental health professional employed
by or under contract with the behavioral health home or
(2) the individual is homeless. For purposes of this clause, an individual is homeless if the individual lacks a fixed, adequate night-time residence.
The commissioner shall establish criteria for determining continued eligibility.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 3. Minnesota Statutes 2018, section 256B.0757, is amended by adding a subdivision to read:
Subd. 2a. Discharge
criteria. (a) An individual
may be discharged from behavioral health home services if:
(1) the behavioral health home services
provider is unable to locate, contact, and engage the individual for a period
of greater than three months after persistent efforts by the behavioral health
home services provider; or
(2) the individual is unwilling to
participate in behavioral health home services as demonstrated by the
individual's refusal to meet with the behavioral health home services provider,
or refusal to identify the individual's health and wellness goals or the
activities or support necessary to achieve these goals.
(b)
Before discharge from behavioral health home services, the behavioral health
home services provider must offer a face-to-face meeting with the individual
and the individual's identified supports, to discuss options available to the
individual, including maintaining behavioral health home services.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 4. Minnesota Statutes 2018, section 256B.0757, subdivision 4, is amended to read:
Subd. 4. Designated
provider. (a) Health home
services are voluntary and an eligible individual may choose any designated
provider. The commissioner shall
establish designated providers to serve as health homes and provide the
services described in subdivision 3 to individuals eligible under subdivision 2. The commissioner shall apply for grants as
provided under section 3502 of the Patient Protection and Affordable Care Act to
establish health homes and provide capitated payments to designated providers. For purposes of this section,
"designated provider" means a provider, clinical practice or clinical
group practice, rural clinic, community health center, community mental health
center, or any other entity that is determined by the commissioner to be
qualified to be a health home for eligible individuals. This determination must be based on
documentation evidencing that the designated provider has the systems and
infrastructure in place to provide health home services and satisfies the
qualification standards established by the commissioner in consultation with
stakeholders and approved by the Centers for Medicare and Medicaid Services.
(b) The commissioner shall develop and
implement certification standards for designated providers under this
subdivision.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 5. Minnesota Statutes 2018, section 256B.0757, is amended by adding a subdivision to read:
Subd. 4a. Behavioral
health home services provider requirements.
A behavioral health home services provider must:
(1) be an enrolled Minnesota Health
Care Programs provider;
(2) provide a medical assistance
covered primary care or behavioral health service;
(3) utilize an electronic health
record;
(4) utilize an electronic patient
registry that contains the data elements required by the commissioner;
(5) demonstrate the organization's
capacity to administer screenings approved by the commissioner for substance
use disorder or alcohol and tobacco use;
(6) demonstrate the organization's
capacity to refer an individual to resources appropriate to the individual's
screening results;
(7) have policies and procedures to
track referrals to ensure that the referral met the individual's needs;
(8) conduct a brief needs assessment
when an individual begins receiving behavioral health home services. The brief needs assessment must be completed
with input from the individual and the individual's identified supports. The brief needs assessment must address the
individual's immediate safety and transportation needs and potential barriers
to participating in behavioral health home services;
(9)
conduct a health wellness assessment within 60 days after intake that contains
all required elements identified by the commissioner;
(10) conduct a health action plan that
contains all required elements identified by the commissioner. The plan must be completed within 90 days
after intake and must be updated at least once every six months, or more
frequently if significant changes to an individual's needs or goals occur;
(11) agree to cooperate with and
participate in the state's monitoring and evaluation of behavioral health home
services; and
(12) obtain the individual's written consent to begin receiving behavioral health home services using a form approved by the commissioner.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 6. Minnesota Statutes 2018, section 256B.0757, is amended by adding a subdivision to read:
Subd. 4b. Behavioral
health home provider training and practice transformation requirements. (a) The behavioral health home
services provider must ensure that all staff delivering behavioral health home
services receive adequate preservice and ongoing training, including:
(1) training approved by the
commissioner that describes the goals and principles of behavioral health home
services; and
(2) training on evidence-based
practices to promote an individual's ability to successfully engage with
medical, behavioral health, and social services to achieve the individual's
health and wellness goals.
(b) The behavioral health home services
provider must ensure that staff are capable of implementing culturally
responsive services, as determined by the individual's culture, beliefs,
values, and language as identified in the individual's health wellness
assessment.
(c) The behavioral health home services
provider must participate in the department's practice transformation
activities to support continued skill and competency development in the
provision of integrated medical, behavioral health, and social services.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 7. Minnesota Statutes 2018, section 256B.0757, is amended by adding a subdivision to read:
Subd. 4c. Behavioral
health home staff qualifications. (a)
A behavioral health home services provider must maintain staff with required
professional qualifications appropriate to the setting.
(b) If behavioral health home services
are offered in a mental health setting, the integration specialist must be a
registered nurse licensed under the Minnesota Nurse Practice Act, sections
148.171 to 148.285.
(c) If behavioral health home services
are offered in a primary care setting, the integration specialist must be 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).
(d)
If behavioral health home services are offered in either a primary care setting
or mental health setting, the systems navigator must be a mental health
practitioner as defined in section 245.462, subdivision 17, or a community
health worker as defined in section 256B.0625, subdivision 49.
(e) If behavioral health home services
are offered in either a primary care setting or mental health setting, the
qualified health home specialist must be one of the following:
(1) a peer support specialist as
defined in section 256B.0615;
(2) a family peer support specialist as
defined in section 256B.0616;
(3) a case management associate as
defined in section 245.462, subdivision 4, paragraph (g), or 245.4871,
subdivision 4, paragraph (j);
(4) a mental health rehabilitation
worker as defined in section 256B.0623, subdivision 5, clause (4);
(5) a community paramedic as defined in
section 144E.28, subdivision 9;
(6) a peer recovery specialist as
defined in section 245G.07, subdivision 1, clause (5); or
(7) a community health worker as
defined in section 256B.0625, subdivision 49.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 8. Minnesota Statutes 2018, section 256B.0757, is amended by adding a subdivision to read:
Subd. 4d. Behavioral
health home service delivery standards.
(a) A behavioral health home services provider must meet the
following service delivery standards:
(1) establish and maintain processes to
support the coordination of an individual's primary care, behavioral health,
and dental care;
(2) maintain a team-based model of
care, including regular coordination and communication between behavioral
health home services team members;
(3) use evidence-based practices that
recognize and are tailored to the medical, social, economic, behavioral health,
functional impairment, cultural, and environmental factors affecting the
individual's health and health care choices;
(4) use person-centered planning
practices to ensure the individual's health action plan accurately reflects the
individual's preferences, goals, resources, and optimal outcomes for the
individual and the individual's identified supports;
(5) use the patient registry to
identify individuals and population subgroups requiring specific levels or
types of care and provide or refer the individual to needed treatment,
intervention, or services;
(6) utilize the Department of Human
Services Partner Portal to identify past and current treatment or services and
identify potential gaps in care;
(7) deliver services consistent with
the standards for frequency and face-to-face contact required by the
commissioner;
(8)
ensure that a diagnostic assessment is completed for each individual receiving
behavioral health home services within six months of the start of behavioral
health home services;
(9) deliver services in locations and
settings that meet the needs of the individual;
(10) provide a central point of contact
to ensure that individuals and the individual's identified supports can
successfully navigate the array of services that impact the individual's health
and well-being;
(11) have capacity to assess an
individual's readiness for change and the individual's capacity to integrate
new health care or community supports into the individual's life;
(12) offer or facilitate the provision
of wellness and prevention education on evidenced-based curriculums specific to
the prevention and management of common chronic conditions;
(13) help an individual set up and
prepare for medical, behavioral health, social service, or community support
appointments, including accompanying the individual to appointments as appropriate,
and providing follow-up with the individual after these appointments;
(14) offer or facilitate the provision
of health coaching related to chronic disease management and the navigation of
complex systems of care to the individual, the individual's family, and
identified supports;
(15) connect the individual, the
individual's family, and identified supports to appropriate support services
that help the individual overcome access or service barriers, increase
self-sufficiency skills, and improve overall health;
(16) provide effective referrals and
timely access to services; and
(17) establish a continuous quality
improvement process for providing behavioral health home services.
(b) The behavioral health home services
provider must also create a plan, in partnership with the individual and the
individual's identified supports, to support the individual after discharge
from a hospital, residential treatment program, or other setting. The plan must include protocols for:
(1) maintaining contact between the
behavioral health home services team member, the individual, and the
individual's identified supports during and after discharge;
(2) linking the individual to new
resources as needed;
(3) reestablishing the individual's
existing services and community and social supports; and
(4) following up with appropriate
entities to transfer or obtain the individual's service records as necessary
for continued care.
(c) If the individual is enrolled in a
managed care plan, a behavioral health home services provider must:
(1) notify the behavioral health home
services contact designated by the managed care plan within 30 days of when the
individual begins behavioral health home services; and
(2) adhere to the managed care plan
communication and coordination requirements described in the behavioral health
home services manual.
(d) Before terminating behavioral
health home services, the behavioral health home services provider must:
(1)
provide a 60-day notice of termination of behavioral health home services to
all individuals receiving behavioral health home services, the commissioner,
and managed care plans, if applicable; and
(2) refer individuals receiving
behavioral health home services to a new behavioral health home services
provider.
Sec. 9. Minnesota Statutes 2018, section 256B.0757, is amended by adding a subdivision to read:
Subd. 4e. Behavioral
health home provider variances. (a)
The commissioner may grant a variance to specific requirements under subdivisions
4a, 4b, 4c, or 4d for a behavioral health home services provider according to
this subdivision.
(b) The commissioner may grant a
variance if the commissioner finds that:
(1) failure to grant the variance would
result in hardship or injustice to the applicant;
(2) the variance would be consistent
with the public interest; and
(3) the variance would not reduce the
level of services provided to individuals served by the organization.
(c) The commissioner may grant a
variance from one or more requirements to permit an applicant to offer
behavioral health home services of a type or in a manner that is innovative, if
the commissioner finds that the variance does not impede the achievement of the
criteria in subdivisions 4a, 4b, 4c, or 4d and may improve the behavioral
health home services provided by the applicant.
(d) The commissioner's decision to
grant or deny a variance request is final and not subject to appeal.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 10. Minnesota Statutes 2018, section 256B.0757, subdivision 5, is amended to read:
Subd. 5. Payments. (a) The commissioner shall make
payments to each designated provider for the provision of health home services
described in subdivision 3 to each eligible individual under subdivision 2 that
selects the health home as a provider establish a single, statewide
reimbursement rate for behavioral health home services described in
subdivisions 4a to 4d.
(b) The commissioner shall establish a
single, statewide reimbursement rate for medical respite health home services.
EFFECTIVE
DATE. This section is
effective upon federal approval. The
commissioner shall notify the revisor of statutes when federal approval has
been obtained.
Sec. 11. Minnesota Statutes 2018, section 256B.0757, subdivision 8, is amended to read:
Subd. 8. Evaluation and continued development. (a) For continued certification under this section, behavioral health homes and medical respite health homes must meet process, outcome, and quality standards developed and specified by the commissioner. The commissioner shall collect data from health homes as necessary to monitor compliance with certification standards.
(b) The commissioner may contract with a private entity to evaluate patient and family experiences, health care utilization, and costs.
(c) The commissioner shall utilize
findings from the implementation of behavioral health homes to determine
populations to serve under subsequent health home models for individuals with
chronic conditions.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 12. REQUIREMENTS,
STANDARDS, AND QUALIFICATIONS FOR MEDICAL RESPITE HEALTH HOMES.
The commissioner of human services, in
consultation with stakeholders, shall develop requirements, service standards,
and qualifications for medical respite health homes.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 13. APPROPRIATION.
$....... in fiscal year 2020 and $....... in fiscal year 2021 are appropriated from the general fund to the commissioner of human services for grants to providers of medical respite health home services. Grants may be used by providers to pay for the cost of medical respite health home services delivered during the period in which the medical assistance benefit is being developed and federal approval is being sought. Grants shall be awarded to organizations delivering medical respite services, as of January 1, 2019, to individuals experiencing homelessness. Grantees must agree to work toward becoming certified as a medical respite health home. This is a onetime appropriation and is available until expended."
Amend the title as follows:
Page 1, line 3, after "services" insert "and medical respite health home services; appropriating money"
Correct the title numbers accordingly
With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Hornstein from the Transportation Finance and Policy Division to which was referred:
H. F. No. 1290, A bill for an act relating to transportation; amending certain requirements governing railroad crossings to include on-track equipment; amending Minnesota Statutes 2018, sections 169.26, subdivisions 1, 4; 169.28; 169.29.
Reported the same back with the recommendation that the bill be placed on the General Register.
The
report was adopted.
Halverson from the Committee on Commerce to which was referred:
H. F. No. 1340, A bill for an act relating to insurance; requiring parity between mental health benefits and other medical benefits; defining mental health and substance use disorder; requiring health plan transparency; requiring accountability from the commissioners of health and commerce; amending Minnesota Statutes 2018, sections 62Q.01, by adding subdivisions; 62Q.47.
Reported the same back with the following amendments:
Page 1, delete sections 1 and 2
Page 3, delete section 4 and insert:
"Sec. 2. Minnesota Statutes 2018, section 62Q.47, is amended to read:
62Q.47
ALCOHOLISM, MENTAL HEALTH, AND CHEMICAL DEPENDENCY SERVICES.
(a) All health plans, as defined in section 62Q.01, that provide coverage for alcoholism, mental health, or chemical dependency services, must comply with the requirements of this section.
(b) Cost-sharing requirements and benefit or service limitations for outpatient mental health and outpatient chemical dependency and alcoholism services, except for persons placed in chemical dependency services under Minnesota Rules, parts 9530.6600 to 9530.6655, must not place a greater financial burden on the insured or enrollee, or be more restrictive than those requirements and limitations for outpatient medical services.
(c) Cost-sharing requirements and benefit or service limitations for inpatient hospital mental health and inpatient hospital and residential chemical dependency and alcoholism services, except for persons placed in chemical dependency services under Minnesota Rules, parts 9530.6600 to 9530.6655, must not place a greater financial burden on the insured or enrollee, or be more restrictive than those requirements and limitations for inpatient hospital medical services.
(d) A health plan must not impose an
NQTL with respect to mental health and substance use disorders in any
classification of benefits unless, under the terms of the plan as written and
in operation, any processes, strategies, evidentiary standards, or other
factors used in applying the NQTL to mental health and substance use disorders
in the classification are comparable to, and are applied no more stringently
than, the processes, strategies, evidentiary standards, or other factors used
in applying the NQTL with respect to medical and surgical benefits in the same
classification.
(d) (e) All health plans must
meet the requirements of the federal Mental Health Parity Act of 1996, Public
Law 104-204; Paul Wellstone and Pete Domenici Mental Health Parity and
Addiction Equity Act of 2008; the Affordable Care Act; and any amendments to,
and federal guidance or regulations issued under, those acts.
(f) The commissioner, in consultation
with advocates, providers and health plans, may require information from health
plans to confirm that mental health parity is being implemented. Information required may include comparisons
between mental health and substance use disorder treatment against other health
care conditions for other issues, including wait times, prior authorizations,
provider credentialing and reimbursement, drug formularies, use of
out-of-network providers, out-of-pocket costs, medical necessity, network
adequacy, claim denials, adoption of coverage for new treatments, in-home
services, rehabilitation services, and other information the commissioner deems
appropriate.
(g)
Regardless of the care provider's professional license, if the care is
consistent with the provider's scope of practice and the health plan's
credentialing and contracting provisions, mental health therapy visits and
medication maintenance visits are considered primary care visits for the
purposes of applying any patient cost-sharing requirements imposed by the
health plan. Beginning June 1, 2021, and
each year thereafter, the commissioner of commerce, in consultation with the
commissioner of health, must issue an updated report to the legislature. The report must:
(1) describe how the commissioners
review health plan compliance with United States Code, title 42, section
18031(j), and any federal regulations or guidance relating to compliance and
oversight;
(2) describe how the commissioners
review compliance with this section and section 62Q.53;
(3) identify enforcement actions taken
during the preceding 12-month period regarding compliance with parity for
mental health and substance use disorders benefits under state and federal law
and summarize the results of such market conduct examinations. The summary must include:
(i) the number of formal enforcement
actions taken;
(ii) the benefit classifications
examined in each enforcement action;
(iii) the subject matter of each
enforcement action, including quantitative and nonquantitative treatment
limitations; and
(iv) a description of how individually
identifiable information will be excluded from the reports, consistent with
state and federal privacy protections;
(4) detail any corrective actions the
commissioners have taken to ensure health plan compliance with this section and
section 62Q.53, and United States Code, title 42, section 18031(j);
(5) detail the approach taken by the
commissioners relating to informing the public about alcoholism, mental health,
or chemical dependency parity protections under state and federal law; and
(6) be written in nontechnical, readily understandable language and must be made available to the public by, among other means as the commissioners find appropriate, posting the report on department websites."
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 3, delete everything after the first semicolon
Page 1, line 4, delete everything before "requiring"
Correct the title numbers accordingly
With the recommendation that when so amended the bill be re-referred to the Committee on Health and Human Services Policy.
The
report was adopted.
Ecklund from the Veterans and Military Affairs Finance and Policy Division to which was referred:
H. F. No. 1420, A bill for an act relating to veterans; permitting veterans with certain service-connected disabilities to participate in the medical cannabis program; amending Minnesota Statutes 2018, sections 152.22, by adding subdivisions; 152.27, subdivision 6, by adding a subdivision; 152.28, subdivision 1.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Health and Human Services Policy.
The
report was adopted.
Lesch from the Judiciary Finance and Civil Law Division to which was referred:
H. F. No. 1511, A bill for an act relating to housing; expanding eligibility for discretionary and mandatory expungements for eviction case court files; limiting public access to pending eviction case court actions; amending Minnesota Statutes 2018, sections 484.014, subdivisions 2, 3; 504B.321, by adding a subdivision.
Reported the same back with the following amendments:
Page 2, line 14, delete everything after the period
Page 2, delete line 15
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Moran from the Committee on Health and Human Services Policy to which was referred:
H. F. No. 1522, A bill for an act relating to health; modifying licensing requirements for prescribed pediatric extended care (PPEC) centers; phasing in licensing of PPEC centers; establishing PPEC basic services as services covered by medical assistance and setting medical assistance reimbursement rates; amending Minnesota Statutes 2018, sections 144.057, subdivision 1; 144H.01, subdivision 5; 144H.04, subdivision 1, by adding a subdivision; 144H.06; 144H.07, subdivisions 1, 2; 144H.08, subdivision 2; 144H.11, subdivisions 2, 3, 4; 256B.0625, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 256B; repealing Minnesota Statutes 2018, section 144H.08, subdivision 1.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Hornstein from the Transportation Finance and Policy Division to which was referred:
H. F. No. 1568, A bill for an act relating to transportation; subjecting light rail transit operators to the reckless or careless driving law; amending Minnesota Statutes 2018, section 169.13, subdivisions 1, 2.
Reported the same back with the following amendments:
Page 2, after line 9, insert:
"Sec. 3. Minnesota Statutes 2018, section 473.4056, subdivision 2, is amended to read:
Subd. 2. Minimum standards. Standards adopted under this section must include, but are not limited to:
(1) two dedicated spaces for wheelchair users in each car;
(2) seating for a companion adjacent to at
least two wheelchair-dedicated spaces; and
(3)
further specifications that meet or exceed the standards established in the
Americans with Disabilities Act; and
(4) a camera that is capable of recording the light rail transit vehicle operator and the interior of the vehicle in the vicinity of the operator.
EFFECTIVE
DATE; APPLICATION. This section
is effective the day following final enactment and applies for light rail
transit vehicles procured on and after August 1, 2018. This section applies in the counties of
Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
Sec. 4. LIGHT
RAIL TRANSIT SAFETY FEATURES STUDY.
By November 15, 2019, the Metropolitan
Council must submit a report on light rail transit safety features to the
members and staff of the legislative committees with jurisdiction over
transportation policy and finance. At a
minimum, the report must:
(1) evaluate additional safety features
that are not currently incorporated into design and specifications of the
Southwest light rail transit (green line extension) project, including review
of:
(i) equipment and features of light
rail transit vehicles; and
(ii) infrastructure related to the
interaction of light rail transit vehicles with motor vehicles, nonmotorized
traffic, and pedestrians; and
(2) based on the evaluation under
clause (1), identify changes incorporated into or proposed for the Southwest
light rail transit project.
EFFECTIVE DATE; APPLICATION. This section is effective the day following final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington."
Amend the title as follows:
Page 1, line 3, after the semicolon, insert "requiring light rail transit safety features study; requiring a report;"
Correct the title numbers accordingly
With the recommendation that when so amended the bill be re-referred to the Public Safety and Criminal Justice Reform Finance and Policy Division.
The
report was adopted.
Hausman from the Housing Finance and Policy Division to which was referred:
H. F. No. 1571, A bill for an act relating to housing; modifying the procedures for closing or modifying the use of manufactured home parks; amending Minnesota Statutes 2018, section 327C.095, subdivisions 6, 7, 9, 11; repealing Minnesota Statutes 2018, section 327C.095, subdivision 8.
Reported the same back with the following amendments:
Page 1, after line 6, insert:
"Section 1. Minnesota Statutes 2018, section 327C.01, is amended by adding a subdivision to read:
Subd. 8a. Representative acting on behalf of residents. "Representative acting on behalf of residents" means a representative who is authorized to represent residents in the purchase of property for the purposes of this chapter, and has gained that authorization by obtaining the signature of support from at least one adult tenant or resident, as defined by section 504B.001, subdivision 12, from at least 51 percent of the occupied homes in a manufactured home park. The signature of a tenant asserting that the tenant is a resident or tenant of that manufactured home park shall be presumptive evidence of such claim."
Page 1, line 12, reinstate the stricken language and delete the new language
Page 1, line 15, delete "60" and insert "45"
Page 1, line 18, before the period, insert "and made available in alternative formats or translations if requested by a resident and the request is a reasonable accommodation due to a disability of an adult resident or because there is not an adult resident who is able to speak the language the notice is provided in"
Page 1, line 19, reinstate the stricken language and delete the new language
Page 2, line 1, before "terms" insert "to agree to material"
Page 2, line 2, before the period, insert "and to execute an agreement to purchase the park for the purposes of keeping the park as a manufactured housing community"
Page 2, line 12, strike "purchaser" and insert "residents"
Page 2, line 15, delete "has" and insert "have" and after "not" insert "been"
Page 3, line 1, strike ", except"
Page 3, line 2, strike everything before the period
Renumber the sections in sequence
Correct the title numbers accordingly
With the recommendation that when so amended the bill be re-referred to the Committee on Commerce.
The
report was adopted.
Persell from the Committee on Environment and Natural Resources Policy to which was referred:
H. F. No. 1584, A bill for an act relating to environment; modifying small business loan program for environmental improvement; amending Minnesota Statutes 2018, section 116.993, subdivisions 2, 6.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Hornstein from the Transportation Finance and Policy Division to which was referred:
H. F. No. 1675, A bill for an act relating to public safety; requiring driver education and driver's manual to cover distracted driving; authorizing rulemaking; amending Minnesota Statutes 2018, sections 171.0701, subdivision 1; 171.0705, by adding a subdivision.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Government Operations.
The
report was adopted.
Ecklund from the Veterans and Military Affairs Finance and Policy Division to which was referred:
H. F. No. 1774, A bill for an act relating to veterans; establishing American Allies Day; proposing coding for new law in Minnesota Statutes, chapter 10.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Government Operations.
The
report was adopted.
Persell from the Committee on Environment and Natural Resources Policy to which was referred:
H. F. No. 1845, A bill for an act relating to environment; requiring amendment of rules for certifying operators for wastewater treatment plants.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Government Operations.
The
report was adopted.
Persell from the Committee on Environment and Natural Resources Policy to which was referred:
H. F. No. 1880, A bill for an act relating to natural resources; clarifying authority to compensate permanent school fund; amending Minnesota Statutes 2018, sections 84.027, subdivision 18; 92.121; 92.50, subdivision 1.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Persell from the Committee on Environment and Natural Resources Policy to which was referred:
H. F. No. 1886, A bill for an act relating to natural resources; modifying duties related to regulating silica sand; amending Laws 2013, chapter 114, article 4, section 105, as amended.
Reported the same back with the recommendation that the bill be placed on the General Register.
The
report was adopted.
Moran from the Committee on Health and Human Services Policy to which was referred:
H. F. No. 1888, A bill for an act relating to human services; modifying requirements for psychiatric residential treatment facilities and intensive treatment in foster care; appropriating money; amending Minnesota Statutes 2018, sections 125A.515, subdivisions 1, 3, 4, 5, 7, 8; 256B.0625, subdivision 45a; 256B.0946, subdivision 2; Laws 2017, First Special Session chapter 6, article 8, sections 71; 72.
Reported the same back with the following amendments:
Page 4, delete section 8 and insert:
"Sec. 8. Minnesota Statutes 2018, section 256B.0941, subdivision 3, is amended to read:
Subd. 3. Per
diem rate. (a) The commissioner
shall establish a statewide one per diem rate per provider
for psychiatric residential treatment facility services for individuals 21
years of age or younger. The rate for a
provider must not exceed the rate charged by that provider for the same service
to other payers. Payment must not be
made to more than one entity for each individual for services provided under
this section on a given day. The
commissioner shall set rates prospectively for the annual rate period. The commissioner shall require providers to
submit annual cost reports on a uniform cost reporting form and shall use
submitted cost reports to inform the rate‑setting process. The cost reporting shall be done according to
federal requirements for Medicare cost reports.
(b) The following are included in the rate:
(1) costs necessary for licensure and accreditation, meeting all staffing standards for participation, meeting all service standards for participation, meeting all requirements for active treatment, maintaining medical records, conducting utilization review, meeting inspection of care, and discharge planning. The direct services costs must be determined using the actual cost of salaries, benefits, payroll taxes, and training of direct services staff and service‑related transportation; and
(2) payment for room and board provided by facilities meeting all accreditation and licensing requirements for participation.
(c) A facility may submit a claim for payment outside of the per diem for professional services arranged by and provided at the facility by an appropriately licensed professional who is enrolled as a provider with Minnesota health care programs. Arranged services must be billed by the facility on a separate claim, and the facility shall be responsible for payment to the provider. These services must be included in the individual plan of care and are subject to prior authorization by the state's medical review agent.
(d) Medicaid shall reimburse for concurrent services as approved by the commissioner to support continuity of care and successful discharge from the facility. "Concurrent services" means services provided by another entity or provider while the individual is admitted to a psychiatric residential treatment facility. Payment for concurrent services may be limited and these services are subject to prior authorization by the state's medical review agent. Concurrent services may include targeted case management, assertive community treatment, clinical care consultation, team consultation, and treatment planning.
(e) Payment rates under this subdivision shall not include the costs of providing the following services:
(1) educational services;
(2) acute medical care or specialty services for other medical conditions;
(3) dental services; and
(4) pharmacy drug costs.
(f) For purposes of this section, "actual cost" means costs that are allowable, allocable, reasonable, and consistent with federal reimbursement requirements in Code of Federal Regulations, title 48, chapter 1, part 31, relating to for-profit entities, and the Office of Management and Budget Circular Number A-122, relating to nonprofit entities.
Sec. 9. Minnesota Statutes 2018, section 256B.0946, is amended to read:
256B.0946
INTENSIVE TREATMENT IN FOSTER CARE AND IN-HOME CARE.
Subdivision 1. Required
covered service components. (a)
Effective May 23, 2013, 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 foster home
licensed under Minnesota Rules, parts 2960.3000 to 2960.3340, or placed
in a foster home licensed under the regulations established by a federally
recognized Minnesota tribe, or remains in the client's family home but
requires intensive mental health services to prevent placement in a residential
facility or hospital and whose primary need for treatment is not due to
imminent risk of harm to self and others that requires 24-hour supervision.
(b) Intensive treatment services to
children with mental illness residing in foster family settings that
comprise specific required service components provided in clauses (1) to (5)
are reimbursed by medical assistance when they meet the following standards:
(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) crisis assistance provided according to standards for children's therapeutic services and supports in section 256B.0943;
(3) individual, family, and group
psychoeducation services, defined in subdivision 1a, paragraph (q) (r),
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)
"In-home care" means care received while the client resides in the
client's family home, rather than in an out‑of-home placement.
(l) (m) "Individual
treatment plan" has the meaning given in Minnesota Rules, part 9505.0370,
subpart 15.
(m) (n) "Mental health
practitioner" has the meaning given in section 245.462, subdivision 17,
and a mental health practitioner working as a clinical trainee according to
Minnesota Rules, part 9505.0371, subpart 5, item C.
(n) (o) "Mental health
professional" has the meaning given in Minnesota Rules, part 9505.0370,
subpart 18.
(o) (p) "Mental
illness" has the meaning given in Minnesota Rules, part 9505.0370, subpart
20.
(p) (q) "Parent"
has the meaning given in section 260C.007, subdivision 25.
(q) (r) "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) (s) "Psychotherapy"
has the meaning given in Minnesota Rules, part 9505.0370, subpart 27.
(s) (t) "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. 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, or who remains in the individual's family home but requires intensive mental health services to prevent placement in a residential facility or hospital, and has received a diagnostic assessment and an evaluation of level of care needed, as defined in paragraphs (a) and (b).
(a) The diagnostic assessment must:
(1) meet criteria described in Minnesota Rules, part 9505.0372, subpart 1, and be conducted by a 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 before the start of service; and
(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, 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 tools annually and publish on the department's website.
Subd. 3. Eligible mental health services providers. (a) Eligible providers for intensive children's mental health services in a foster family or in-home care 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 be:
(1) a 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.
(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. Service
delivery payment requirements. (a)
To be eligible for payment under this section, a provider must develop and
practice written policies and procedures for intensive treatment in foster
care, consistent with subdivision 1, paragraph (b), and comply with the
following requirements in paragraphs (b) to (n).
(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) (t).
(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, if applicable, 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, if applicable, 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 (7) are not covered under this section and are not eligible for medical assistance payment as components of intensive treatment in foster care or in-home care services, but may be billed separately:
(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 and in-home care
services are not eligible for medical assistance reimbursement for the
following services while receiving intensive treatment in foster care:
(1) psychotherapy and 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 and in-home 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)."
Renumber the sections in sequence
Correct the title numbers accordingly
With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.
The report was
adopted.
Moran from the Committee on Health and Human Services Policy to which was referred:
H. F. No. 1914, A bill for an act relating to health; adding advanced practice registered nurses to certain statutes; amending Minnesota Statutes 2018, sections 62D.09, subdivision 1; 62E.06, subdivision 1; 62J.17, subdivision 4a; 62J.23, subdivision 2; 62J.495, subdivision 1a; 62J.496, subdivision 2; 62J.52, subdivision 2; 62J.823, subdivision 3; 62Q.184, subdivision 1; 62Q.43, subdivisions 1, 2; 62Q.54; 62Q.57, subdivision 1; 62Q.73, subdivision 7; 62Q.733, subdivision 3; 62Q.74, subdivision 1; 62S.08, subdivision 3; 62S.20, subdivision 5b; 62S.21, subdivision 2; 62S.268, subdivision 1; 144.3345, subdivision 1; 144.3352; 144.34; 144.441, subdivisions 4, 5; 144.442, subdivision 1; 144.4803, subdivisions 1, 4, 10, by adding a subdivision; 144.4806; 144.4807, subdivisions 1, 2, 4; 144.50, subdivision 2; 144.55, subdivisions 2, 6; 144.6501, subdivision 7; 144.651, subdivisions 7, 8, 9, 10, 12, 14, 31, 33; 144.652, subdivision 2; 144.69; 144.7402, subdivision 2; 144.7406, subdivision 2; 144.7407, subdivision 2; 144.7414, subdivision 2; 144.7415, subdivision 2; 144.9502, subdivision 4; 144.966, subdivisions 3, 6; 144A.135; 144A.161, subdivisions 5, 5a, 5e, 5g; 144A.75, subdivisions 3, 6; 144A.752, subdivision 1; 145.853, subdivision 5; 145.892, subdivision 3; 145.94, subdivision 2; 145B.13; 145C.02; 145C.05, subdivision 2; 145C.06; 145C.07, subdivision 1; 145C.16; 148.6438, subdivision 1; 151.19, subdivision 4; 151.21, subdivision 4a; 152.32, subdivision 3; 245.4871, subdivision 27; 245.62, subdivision 3; 245A.143, subdivision 8; 245A.1435; 245C.02, subdivision 18; 245C.04, subdivision 1; 245D.02, subdivision 11; 245D.11, subdivision 2; 245D.22, subdivision 7; 245D.25, subdivision 2; 245G.08, subdivisions 2, 3, 5; 245G.21, subdivisions 2, 3; 245G.22, subdivisions 3, 4, 6, 7, 16; 245H.11; 246.711, subdivision 2; 246.715, subdivision 2; 246.716, subdivision 2; 246.721; 246.722; 251.043, subdivision 1; 252A.02, subdivision 12; 252A.04, subdivision 2; 252A.20, subdivision 1; 253B.03, subdivisions 4, 6d; 253B.06, subdivisions 1, 2; 253B.07, subdivision 2; 253B.08, subdivision 5; 253B.092, subdivisions 2, 3, 6, 8; 253B.0921; 253B.20, subdivisions 4, 6; 253B.23, subdivision 4; 254A.08, subdivision 2; 256.9685, subdivisions 1a,
1b, 1c; 256.975, subdivisions 7a, 11; 256B.038; 256B.04, subdivision 14a; 256B.043, subdivision 2; 256B.055, subdivision 12; 256B.0622, subdivisions 2b, 8; 256B.0623, subdivision 2; 256B.0625, subdivisions 3, 4, 13, 17, 26, 28, 60a; 256B.0654, subdivisions 1, 2a, 3, 4; 256B.0659, subdivisions 2, 4, 8, 11; 256B.0913, subdivision 8; 256B.73, subdivision 5; 256J.08, subdivision 73a; 256R.44; 256R.54, subdivisions 1, 2; 257.63, subdivision 3; 257B.01, subdivisions 3, 9, 10; 257B.06, subdivision 7.
Reported the same back with the following amendments:
Page 8, delete section 6
Renumber the sections in sequence
Correct the title numbers accordingly
With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Bernardy from the Higher Education Finance and Policy Division to which was referred:
H. F. No. 1957, A bill for an act relating to data practices; modifying certain higher education data provisions; amending Minnesota Statutes 2018, sections 13.322, subdivision 3; 136A.64, subdivision 5; 136A.672, by adding a subdivision; 136A.8295, by adding a subdivision.
Reported the same back with the following amendments:
Page
2, lines 15 and 19, after the second "data" insert "on
individuals, as defined in section 13.02, subdivision 12"
With the recommendation that when so amended the bill be re-referred to the Judiciary Finance and Civil Law Division.
The
report was adopted.
Persell from the Committee on Environment and Natural Resources Policy to which was referred:
H. F. No. 1963, A bill for an act relating to state parks; renaming Interstate State Park; amending Minnesota Statutes 2018, section 85.012, subdivision 28.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Lesch from the Judiciary Finance and Civil Law Division to which was referred:
H. F. No. 2004, A bill for an act relating to human rights; providing unredacted information to the parties in a closed case under certain circumstances; amending Minnesota Statutes 2018, section 363A.35, subdivision 3.
Reported the same back with the recommendation that the bill be placed on the General Register.
The
report was adopted.
Halverson from the Committee on Commerce to which was referred:
H. F. No. 2009, A bill for an act relating to health; prohibiting health plan companies and the commissioner of human services from requiring enrollees to follow step therapy protocols for certain metastatic cancers; amending Minnesota Statutes 2018, section 256B.0625, subdivision 13f; proposing coding for new law in Minnesota Statutes, chapter 62Q.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Health and Human Services Policy.
The
report was adopted.
Persell from the Committee on Environment and Natural Resources Policy to which was referred:
H. F. No. 2011, A bill for an act relating to water; modifying planning requirements for watershed management organizations; modifying purpose of watershed districts; amending Minnesota Statutes 2018, sections 103B.201; 103B.231, subdivisions 3a, 4, 6; 103B.235, subdivision 2; 103B.255, subdivision 7; 103D.201, subdivision 2.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Bernardy from the Higher Education Finance and Policy Division to which was referred:
H. F. No. 2054, A bill for an act relating to higher education; modifying certain higher education policy provisions; amending Minnesota Statutes 2018, sections 13.322, subdivision 3; 136A.1275, subdivisions 2, 3; 136A.15, subdivision 8; 136A.16, subdivisions 1, 2, 5, 8, 9; 136A.162; 136A.1701, subdivision 7; 136A.64, subdivisions 1, 5, by adding a subdivision; 136A.645; 136A.646; 136A.672, by adding a subdivision; 136A.821, by adding subdivisions; 136A.822, subdivisions 6, 10, 12; 136A.8295, by adding subdivisions; Laws 2017, chapter 89, article 1, section 2, subdivision 29; proposing coding for new law in Minnesota Statutes, chapter 136A; repealing Minnesota Statutes 2018, sections 136A.15, subdivisions 2, 7; 136A.1701, subdivision 12.
Reported the same back with the following amendments:
Page 6, after line 4, insert:
"Sec. 12. Minnesota Statutes 2018, section 136A.1789, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) For purposes of this section, the terms in this subdivision have the meanings given them.
(b) "Qualified aircraft technician" means an individual who (1) has earned an associate's or bachelor's degree preparing individuals to obtain an aviation mechanic's certificate from the Federal Aviation Administration from a postsecondary institution located in Minnesota, and (2) has obtained an aviation mechanic's certificate from the Federal Aviation Administration.
(c) "Qualified education loan"
means a government, commercial, or foundation loan used by an individual for
actual costs paid for tuition to a postsecondary institution located in
Minnesota for a professional flight training degree and reasonable
educational and living expenses related to the postsecondary education of the
qualified aircraft technician or qualified pilot.
(d) "Qualified pilot" means an
individual who (1) has earned an associate's or bachelor's degree in
professional flight training preparing individuals to obtain an airline
transport pilot certificate from a postsecondary institution located in
Minnesota, and (2) is in the process of obtaining or has obtained an airline
transport pilot certificate.
Sec. 13. Minnesota Statutes 2018, section 136A.1789, subdivision 3, is amended to read:
Subd. 3. Eligibility. (a) To be eligible to participate in the loan forgiveness program under this section, an individual must:
(1) be a qualified pilot or qualified aircraft technician;
(2) have qualified education loans;
(3) reside in Minnesota; and
(4) submit an application to the commissioner in the form and manner prescribed by the commissioner.
(b) An applicant selected to participate
must sign a contract to agree to serve a minimum one-year five-year
full‑time service obligation according to subdivision 4. To complete the service obligation, the
applicant must work full time in Minnesota as a qualified pilot or qualified
aircraft technician. A participant must
complete one year of service under this paragraph for each year the participant
receives an award under this section.
Sec. 14. Minnesota Statutes 2018, section 136A.1789, subdivision 5, is amended to read:
Subd. 5. Loan forgiveness. (a) The commissioner may select eligible applicants each year for participation in the aviation degree loan forgiveness program, within the limits of available funding. Applicants are responsible for securing their own qualified education loans.
(b) For each year that the participant meets the eligibility requirements under subdivision 3, the commissioner must make annual disbursements directly to:
(1) a selected qualified pilot of $5,000 or the balance of the participant's qualified education loans, whichever is less; and
(2) a selected qualified aircraft technician of $3,000 or the balance of the participant's qualified education loans, whichever is less.
(c) An individual may receive disbursements under this section for a maximum of five years.
(d) The participant must provide the commissioner with verification that the full amount of the loan repayment disbursement received by the participant has been applied toward the designated qualified education loan. After each disbursement, verification must be received by the commissioner and approved before the next repayment disbursement is made.
(e) If the participant receives a
disbursement in the participant's fifth year of eligibility, the participant
must provide the commissioner with verification that the full amount of the
participant's final loan repayment disbursement was applied toward the
designated qualified education loan. If
a participant does not provide the verification as required under this
paragraph within six 12 months of receipt of the final
disbursement, the commissioner must collect from the participant the total
amount of the final disbursement paid to the participant under the
loan forgiveness program plus interest at a rate established according to
section 270C.40. The commissioner
must deposit the money collected in the aviation degree loan forgiveness
program account."
Page 11, line 3, after the second "data" insert "on individuals, as defined in section 13.02, subdivision 12"
Page 16, line 11, after the second "data" insert "on individuals, as defined in section 13.02, subdivision 12"
Renumber the sections in sequence
Correct the title numbers accordingly
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Lesch from the Judiciary Finance and Civil Law Division to which was referred:
H. F. No. 2062, A bill for an act relating to human rights; classifying data collected under the workforce certificate of compliance; amending Minnesota Statutes 2018, section 363A.36, by adding a subdivision.
Reported the same back with the following amendments:
Page 1, line 10, delete "The" and insert "Applications, forms, or similar documents submitted by a business seeking a certificate of compliance is public data. A letter that states the"
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Moran from the Committee on Health and Human Services Policy to which was referred:
H. F. No. 2171, A bill for an act relating to health; directing the commissioner of health to convene one or more working groups to examine links between health disparities and educational achievement for children from American Indian communities and communities of color; requiring a report; appropriating money.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Government Operations.
The
report was adopted.
Persell from the Committee on Environment and Natural Resources Policy to which was referred:
H. F. No. 2220, A bill for an act relating to economic development; establishing Minnesota Outdoor Recreation Office; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 116U.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Persell from the Committee on Environment and Natural Resources Policy to which was referred:
H. F. No. 2253, A bill for an act relating to natural resources; providing for certain training, certification, and fees; modifying operating restrictions for recreational vehicles; modifying provisions on invasive species; providing for wildland firefighters; modifying game and fish laws; amending Minnesota Statutes 2018, sections 84.775, subdivision 1; 84.86, subdivision 1; 84.925, subdivision 1; 84.9256, subdivision 1; 84.928, subdivision 2; 84D.03, subdivisions 3, 4; 84D.108, subdivisions 2b, 2c; 88.10, by adding a subdivision; 97A.051, subdivision 2; 97A.433, subdivisions 4, 5; 97B.015, subdivision 6; 97B.081, subdivision 3; 97B.1055; 97C.345, by adding a subdivision.
Reported the same back with the recommendation that the bill be placed on the General Register.
The
report was adopted.
Persell from the Committee on Environment and Natural Resources Policy to which was referred:
H. F. No. 2276, A bill for an act relating to environment; banning trichloroethylene in products and for use in manufacturing processes; proposing coding for new law in Minnesota Statutes, chapter 325E.
Reported the same back with the recommendation that the bill be placed on the General Register.
The
report was adopted.
Lesch from the Judiciary Finance and Civil Law Division to which was referred:
H. F. No. 2379, A bill for an act relating to human services; modifying policy provisions governing direct care and treatment; amending Minnesota Statutes 2018, sections 253B.18, subdivision 13, by adding subdivisions; 253D.28, subdivision 3; 609.2231, subdivision 3a.
Reported the same back with the following amendments:
Page 1, after line 5, insert:
"Section 1. Minnesota Statutes 2018, section 13.69, subdivision 1, is amended to read:
Subdivision 1. Classifications. (a) The following government data of the Department of Public Safety are private data:
(1) medical data on driving instructors, licensed drivers, and applicants for parking certificates and special license plates issued to physically disabled persons;
(2) other data on holders of a disability certificate under section 169.345, except that (i) data that are not medical data may be released to law enforcement agencies, and (ii) data necessary for enforcement of sections 169.345 and 169.346 may be released to parking enforcement employees or parking enforcement agents of statutory or home rule charter cities and towns;
(3) Social Security numbers in driver's license and motor vehicle registration records, except that Social Security numbers must be provided to the Department of Revenue for purposes of tax administration, the Department of Labor and Industry for purposes of workers' compensation administration and enforcement, the judicial branch for purposes of debt collection, and the Department of Natural Resources for purposes of license application administration, and except that the last four digits of the Social Security number must be provided to the Department of Human Services for purposes of recovery of Minnesota health care program benefits paid; and
(4) data on persons listed as standby or temporary custodians under section 171.07, subdivision 11, except that the data must be released to:
(i) law enforcement agencies for the purpose of verifying that an individual is a designated caregiver; or
(ii) law enforcement agencies who state that the license holder is unable to communicate at that time and that the information is necessary for notifying the designated caregiver of the need to care for a child of the license holder.
The department may release the Social Security number only as provided in clause (3) and must not sell or otherwise provide individual Social Security numbers or lists of Social Security numbers for any other purpose.
(b) The following government data of the Department of Public Safety are confidential data: data concerning an individual's driving ability when that data is received from a member of the individual's family.
EFFECTIVE DATE. This section is effective July 1, 2019."
Renumber the sections in sequence
Amend the title as follows:
Page 1, line 3, after the semicolon, insert "modifying data classifications;"
Correct the title numbers accordingly
With the recommendation that when so amended the bill be re-referred to the Committee on Health and Human Services Policy.
The report was
adopted.
Lesch from the Judiciary Finance and Civil Law Division to which was referred:
H. F. No. 2397, A bill for an act relating to human services; modifying policy provisions governing children and families services; amending Minnesota Statutes 2018, sections 13.46, subdivision 2; 13.461, subdivision 28; 119B.02, subdivision 6; 144.216, by adding subdivisions; 144.218, by adding a subdivision; 144.225, subdivision 2b;
144.226, subdivision 1; 145.902; 256E.21, subdivision 5; 256M.41, subdivision 3, by adding a subdivision; 256N.02, subdivisions 10, 16, 17, 18; 256N.22, subdivision 1; 256N.23, subdivisions 2, 6; 256N.24, subdivisions 1, 8, 11, 12, 14; 256N.28, subdivision 6; 259.241; 259.35, subdivision 1; 259.37, subdivision 2; 259.53, subdivision 4; 259.75; 259.83, subdivisions 1, 1a, 3; 259A.75, subdivisions 1, 2, 3, 4, 5; 260.761, subdivision 2; 260C.101, by adding a subdivision; 260C.139, subdivision 3; 260C.171, subdivision 2; 260C.178, subdivision 1; 260C.212, subdivisions 1, 2, by adding a subdivision; 260C.219; 260C.451, subdivision 9; 260C.503, subdivision 2; 260C.515, subdivisions 3, 4; 260C.605, subdivision 1; 260C.607, subdivision 6; 260C.609; 260C.611; 260C.613, subdivision 6; 260C.615, subdivision 1; 260C.623, subdivisions 3, 4; 260C.625; 260C.629, subdivision 2; 518A.53, subdivision 11; 518A.685; 626.556, subdivisions 2, 3, 3c, 3e, 4, 7, 10, 10a, 10b, 10d, 10e, 10f, 10m, 11, 11c; 626.5561, subdivision 1; 626.558, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 518A; repealing Minnesota Statutes 2018, sections 119B.125, subdivision 8; 256J.751, subdivision 1.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2018, section 13.461, subdivision 28, is amended to read:
Subd. 28. Child care assistance program. Data collected, maintained, used, or disseminated by the welfare system pertaining to persons selected as legal nonlicensed child care providers by families receiving child care assistance are classified under section 119B.02, subdivision 6, paragraph (a). Child care assistance program payment data is classified under section 119B.02, subdivision 6, paragraph (b).
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 2. Minnesota Statutes 2018, section 119B.02, subdivision 6, is amended to read:
Subd. 6. Data. (a) Data collected, maintained, used, or disseminated by the welfare system pertaining to persons selected as legal nonlicensed child care providers by families receiving child care assistance shall be treated as licensing data as provided in section 13.46, subdivision 4.
(b) For purposes of this paragraph,
"child care assistance program payment data" means data for a
specified time period showing (1) that a child care assistance program payment
under this chapter was made, and (2) the amount of child care assistance
payments made to a child care center. Child
care assistance program payment data may include the number of families and
children on whose behalf payments were made for the specified time period. Any child care assistance program payment
data that may identify a specific child care assistance recipient or benefit
paid on behalf of a specific child care assistance recipient, as determined by
the commissioner, is private data on individuals as defined in section 13.02,
subdivision 12. Data related to a child
care assistance payment is public if the data relates to a child care
assistance payment made to a licensed child care center or a child care center
exempt from licensure and:
(1) the child care center receives
payment of more than $100,000 from the child care assistance program under this
chapter in a period of one year or less; or
(2) when the commissioner or county
agency either:
(i) disqualified the center from
receipt of a payment from the child care assistance program under this chapter
for wrongfully obtaining child care assistance under section 256.98,
subdivision 8, paragraph (c);
(ii) refused a child care
authorization, revoked a child care authorization, stopped payment, or denied
payment for a bill for the center under section 119B.13, subdivision 6,
paragraph (d); or
(iii)
made a finding of financial misconduct under section 245E.02.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 3. Minnesota Statutes 2018, section 518A.35, subdivision 1, is amended to read:
Subdivision 1. Determination of support obligation. (a) The guideline in this section is a rebuttable presumption and shall be used in any judicial or administrative proceeding to establish or modify a support obligation under this chapter.
(b) The basic child support obligation shall be determined by referencing the guideline for the appropriate number of joint children and the combined parental income for determining child support of the parents.
(c) If a child is not in the custody of either parent and a support order is sought against one or both parents, the basic child support obligation shall be determined by referencing the guideline for the appropriate number of joint children, and the parent's individual parental income for determining child support, not the combined parental incomes for determining child support of the parents. Unless a parent has court-ordered parenting time, the parenting expense adjustment formula under section 518A.34 must not be applied.
(d) If a child is in the custody of
either parent and a support order is sought by the public authority in
an action involving only one parent under section 256.87, unless the parent
against whom the support order is sought has court-ordered parenting time, the
support obligation must be determined by referencing the guideline for the
appropriate number of joint children and the parent's individual income without
application of the parenting expense adjustment formula under section 518A.34.
(e) For combined parental incomes for determining child support exceeding $15,000 per month, the presumed basic child support obligations shall be as for parents with combined parental income for determining child support of $15,000 per month. A basic child support obligation in excess of this level may be demonstrated for those reasons set forth in section 518A.43.
Sec. 4. Minnesota Statutes 2018, section 518A.53, subdivision 11, is amended to read:
Subd. 11. Lump-sum payments. Before transmittal to the obligor of a lump-sum payment of $500 or more including, but not limited to, severance pay, accumulated sick pay, vacation pay, bonuses, commissions, or other pay or benefits, a payor of funds:
(1) who has been served with an order for or notice of income withholding under this section shall:
(i) notify the public authority of the lump-sum payment that is to be paid to the obligor;
(ii) hold the lump-sum payment for 30 days after the date on which the lump-sum payment would otherwise have been paid to the obligor, notwithstanding sections 176.221, 176.225, 176.521, 181.08, 181.101, 181.11, 181.13, and 181.145; and
(iii) upon order of the court, and after a showing of past willful nonpayment of support, pay any specified amount of the lump-sum payment to the public authority for future support; or
(2) shall pay the lessor of the amount of the lump-sum payment or the total amount of the judgment and arrearages upon service by United States mail of a sworn affidavit from the public authority or a court order that includes the following information:
(i) that a judgment entered pursuant to section 548.091, subdivision 1a, exists against the obligor, or that other support arrearages exist;
(ii) the current balance of the judgment or arrearage; and
(iii) that a portion of the judgment or arrearage remains unpaid.
The Consumer Credit Protection Act,
title 15 of the United States Code, section 1673(b), does not apply to lump‑sum
payments.
Sec. 5. Minnesota Statutes 2018, section 518A.685, is amended to read:
518A.685
CONSUMER REPORTING AGENCY; REPORTING ARREARS.
(a) If a public authority determines that an obligor has not paid the current monthly support obligation plus any required arrearage payment for three months, the public authority must report this information to a consumer reporting agency.
(b) Before reporting that an obligor is in arrears for court-ordered child support, the public authority must:
(1) provide written notice to the obligor that the public authority intends to report the arrears to a consumer reporting agency; and
(2) mail the written notice to the obligor's last known mailing address at least 30 days before the public authority reports the arrears to a consumer reporting agency.
(c) The obligor may, within 21 days of receipt of the notice, do the following to prevent the public authority from reporting the arrears to a consumer reporting agency:
(1) pay the arrears in full; or
(2) request an administrative review. An administrative review is limited to issues of mistaken identity, a pending legal action involving the arrears, or an incorrect arrears balance.
(d) If the public authority has
reported that an obligor is in arrears for court-ordered child support and
subsequently determines that the obligor has paid the court-ordered child
support arrears in full, or is paying the current monthly support obligation
plus any required arrearage payment, the public authority must report to the
consumer reporting agency that the obligor is currently paying child support as
ordered by the court.
(e) (d) A public authority
that reports arrearage information under this section must make monthly reports
to a consumer reporting agency. The
monthly report must be consistent with credit reporting industry standards for
child support.
(f) (e) For purposes of this
section, "consumer reporting agency" has the meaning given in section
13C.001, subdivision 4, and United States Code, title 15, section 1681a(f).
Sec. 6. [518A.80]
MOTION TO TRANSFER TO TRIBAL COURT.
Subdivision 1. Definitions. (a) For purposes of this section, the
terms defined in this subdivision have the meanings given them.
(b)
"Case participant" means a party to the case that is a natural
person.
(c) "District court" means a
district court of the state of Minnesota.
(d) "Party" means a person or
entity named or admitted as a party or seeking to be admitted as a party in the
district court action, including the county IV-D agency, whether or not named
in the caption.
(e) "Tribal court" means a
tribal court of a federally recognized Indian tribe located in Minnesota that
is receiving funding from the federal
government to operate a child support program under United States Code, title
42, chapter 7, subchapter IV, part D, sections 654 to 669b.
(f) "Tribal IV-D agency" has
the meaning given to "tribal IV-D agency" in Code of Federal
Regulations, title 45, part 309.05.
(g) "Title IV-D child support
case" has the meaning given to "IV-D case" in section 518A.26,
subdivision 10.
Subd. 2. Actions
eligible for transfer. For
purposes of this section, a postjudgment child support, custody, or parenting
time action is eligible for transfer to tribal court. A child protection action or a dissolution
action involving a child is not eligible for transfer to tribal court pursuant
to this section.
Subd. 3. Motion
to transfer. (a) A party's or
tribal IV-D agency's motion to transfer to tribal court shall state and allege:
(1) the address of each case
participant;
(2) the tribal affiliation of each case
participant, if any;
(3) the name, tribal affiliation, if any, and date of birth of each living minor or dependent child of a case participant who is subject to the action; and
(4) the legal and factual basis for the
court to make a finding that there is concurrent jurisdiction in the case.
(b) A party or tribal IV-D agency
bringing a motion to transfer to tribal court must file with the court and
serve the required documents on each party and the tribal IV-D agency,
regardless of whether the tribal IV-D agency is a party.
(c) A party's or tribal IV-D agency's
motion to transfer must be accompanied by an affidavit setting forth facts in
support of its motion.
(d) When a motion to transfer is not
brought by the tribal IV-D agency, an affidavit of the tribal IV-D agency
stating whether the tribal IV-D agency provides services to a party must be
filed and served on each party within 15 days from the date of service of
the motion.
Subd. 4. Order
to transfer to tribal court. (a)
Unless a hearing is held under subdivision 6, upon motion of a party or a
tribal IV-D agency, a district court must transfer a postjudgment child
support, custody, or parenting time action to a tribal court when the district
court finds:
(1) the district court and tribal court
have concurrent jurisdiction;
(2) a case participant is receiving
services from the tribal IV-D agency; and
(3)
no party or tribal IV-D agency files and serves a timely objection to the
transfer.
(b) When the requirements of this
subdivision are satisfied, the district court is not required to hold a hearing. The district court's order transferring the
action to tribal court must contain written findings on each requirement of
this subdivision.
Subd. 5. Objection
to motion to transfer. (a) To
object to a motion to transfer to a tribal court, a party or tribal IV-D agency
must file with the court and serve on each party and the tribal IV-D agency a
responsive motion objecting to the motion to transfer within 30 days from the
date of service of the motion to transfer.
(b) If a party or tribal IV-D agency
files with the court and properly serves a timely objection to the motion to
transfer to a tribal court, the district court must conduct a hearing.
Subd. 6. Hearing. If a hearing is held under this
section, the district court must evaluate and make written findings on all
relevant factors, including:
(1) whether an issue requires
interpretation of tribal law, including the tribal constitution, statutes,
bylaws, ordinances, resolutions, treaties, or case law;
(2) whether the action involves tribal
traditional or cultural matters;
(3) whether the tribe is a party;
(4) whether tribal sovereignty,
jurisdiction, or territory is an issue;
(5) the tribal membership status of
each case participant;
(6) where the claim arises;
(7) the location of the residence of
each case participant and the child;
(8) whether the parties have by
contract chosen a forum or the law to be applied in the event of a dispute;
(9) the timing of any motion to
transfer to tribal court, considering each party's and the court's expenditure
of time and resources, and the district court's scheduling order;
(10) the court in which the action can
be heard and decided most expeditiously;
(11)
the burdens on each party, including cost, access to and admissibility of
evidence, and matters of procedure; and
(12) any other factor the court
determines relevant.
Subd. 7. Future
exercise of jurisdiction. Nothing
in this section shall be construed to limit the district court's exercise of
jurisdiction where the tribal court waives jurisdiction, transfers the action
back to district court, or otherwise declines to exercise jurisdiction over the
action.
Subd. 8. Transfer
to Red Lake Nation Tribal Court. When
a party or tribal IV-D agency brings a motion to transfer to the Red Lake
Nation Tribal Court, the court must transfer the action if the case
participants and child resided within the boundaries of the Red Lake
Reservation for the preceding six months.
EFFECTIVE DATE. This section is effective the day following final enactment."
Delete the title and insert:
"A bill for an act relating to human services; modifying policy provisions governing children and families services; amending Minnesota Statutes 2018, sections 13.461, subdivision 28; 119B.02, subdivision 6; 518A.35, subdivision 1; 518A.53, subdivision 11; 518A.685; proposing coding for new law in Minnesota Statutes, chapter 518A."
With the recommendation that when so amended the bill be re-referred to the Committee on Health and Human Services Policy.
The
report was adopted.
SECOND READING
OF HOUSE BILLS
H. F. Nos. 12, 492, 724,
919, 1188, 1290, 1511, 1886, 2004, 2054, 2062, 2253 and 2276 were read for the
second time.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
The
following House Files were introduced:
Hansen; Swedzinski; Lillie; Robbins; Heinrich; Xiong, T.; Becker-Finn; Koznick; Scott; Nash; Heintzeman; Baker; Anderson; Lueck; Bahr; Poston; Johnson; Theis and Daudt introduced:
H. F. No. 2470, A bill for an act relating to game and fish; modifying legal firearms to take turkey; amending Minnesota Statutes 2018, section 97B.722.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
Hassan introduced:
H. F. No. 2471, A bill for an act relating to religious holidays; modifying student absence from school for religious observances; amending Minnesota Statutes 2018, sections 120A.35; 120A.40.
The bill was read for the first time and referred to the Committee on Education Policy.
Youakim and Winkler introduced:
H. F. No. 2472, A bill for an act relating to taxation; sales and use; providing a construction exemption for certain interpretive centers; amending Minnesota Statutes 2018, sections 297A.71, by adding a subdivision; 297A.75, subdivisions 1, 2, 3.
The bill was read for the first time and referred to the Committee on Taxes.
Nash, Ecklund, Davids, Wolgamott, Poppe and Marquart introduced:
H. F. No. 2473, A bill for an act relating to taxation; modifying local government taxing authority; expanding the limitation on excise taxes and fees; amending Minnesota Statutes 2018, section 477A.016.
The bill was read for the first time and referred to the Committee on Taxes.
Claflin introduced:
H. F. No. 2474, A bill for an act relating to economic development; creating a child care economic grant program; appropriating money.
The bill was read for the first time and referred to the Committee on Ways and Means.
Schultz, Schomacker, Vogel and Winkler introduced:
H. F. No. 2475, A bill for an act relating to financial institutions; modifying provisions governing financial exploitation protections for vulnerable adults; amending Minnesota Statutes 2018, sections 45A.01, by adding a subdivision; 45A.02; 45A.03; 45A.04; 45A.05; 45A.06; 45A.07; proposing coding for new law in Minnesota Statutes, chapter 45A.
The bill was read for the first time and referred to the Committee on Ways and Means.
Demuth, Sandell, Theis, Erickson, Jurgens, Bennett and Nornes introduced:
H. F. No. 2476, A bill for an act relating to education finance; modifying the special education funding formula; increasing special education aid; appropriating money; amending Minnesota Statutes 2018, section 125A.76, subdivision 2a.
The bill was read for the first time and referred to the Committee on Ways and Means.
Erickson introduced:
H. F. No. 2477, A bill for an act relating to education; requiring school districts and charter schools to record expenditures for voluntary prekindergarten pupils; amending Minnesota Statutes 2018, section 124D.151, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Education Policy.
Erickson introduced:
H. F. No. 2478, A bill for an act relating to agriculture; appropriating money for mental health grants for farm families and business operators.
The bill was read for the first time and referred to the Committee on Ways and Means.
Erickson introduced:
H. F. No. 2479, A bill for an act relating to education; modifying the responsibilities of the community education advisory council; modifying the calculation and allowable uses of general community education revenue; amending Minnesota Statutes 2018, sections 124D.19, subdivision 2; 124D.20, subdivisions 3, 8.
The bill was read for the first time and referred to the Committee on Education Policy.
Erickson introduced:
H. F. No. 2480, A bill for an act relating to education finance; requiring a portion of voluntary prekindergarten participants to be served through mixed-delivery services; amending Minnesota Statutes 2018, section 124D.151, subdivisions 3, 5, 6.
The bill was read for the first time and referred to the Committee on Ways and Means.
Erickson introduced:
H. F. No. 2481, A bill for an act relating to education; authorizing school boards to implement flexible learning year programs without approval by the commissioner of education; amending Minnesota Statutes 2018, sections 120A.41; 124D.12; 124D.121; 124D.122; 124D.126, subdivision 1; 124D.127.
The bill was read for the first time and referred to the Committee on Education Policy.
Erickson introduced:
H. F. No. 2482, A bill for an act relating to education; providing for professional development to improve reading instruction; allowing for hiring bonuses; amending Minnesota Statutes 2018, sections 122A.61, by adding a subdivision; 123B.02, by adding a subdivision; 124D.98, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 122A.
The bill was read for the first time and referred to the Committee on Education Policy.
Daniels introduced:
H. F. No. 2483, A bill for an act relating to transportation; appropriating money to study the feasibility of an interchange on Interstate Highway 35 at County Road 9 in Rice County.
The bill was read for the first time and referred to the Committee on Ways and Means.
Koegel introduced:
H. F. No. 2484, A bill for an act relating to capital investment; appropriating money for asset preservation at the National Sports Center in Blaine; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Ways and Means.
Bahner introduced:
H. F. No. 2485, A bill for an act relating to taxation; property tax refunds; increasing the maximum refund for the homestead credit refund; amending Minnesota Statutes 2018, section 290A.04, subdivision 2.
The bill was read for the first time and referred to the Committee on Taxes.
Nornes introduced:
H. F. No. 2486, A bill for an act relating to human services; increasing the medical assistance reimbursement rate for crisis stabilization services in residential settings; amending Minnesota Statutes 2018, section 256B.0624, subdivision 7.
The bill was read for the first time and referred to the Committee on Ways and Means.
Tabke, Lippert and Brand introduced:
H. F. No. 2487, A bill for an act relating to agriculture; establishing a grant program for Minnesota corn and soybean farmers who plant seeds that do not contain systemic insecticides; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 17.
The bill was read for the first time and referred to the Committee on Ways and Means.
Mariani; Vang; Xiong, T.; Noor and Lee introduced:
H. F. No. 2488, A bill for an act relating to education; creating a linked high school-college experience with an emphasis on workforce development; establishing P-TECH schools; appropriating money; proposing coding for new law in Minnesota Statutes, chapters 124D; 136A.
The bill was read for the first time and referred to the Committee on Education Policy.
Murphy, by request, introduced:
H. F. No. 2489, A bill for an act relating to retirement; increasing contribution rates in the higher education individual retirement account plan; amending Minnesota Statutes 2018, section 354B.23, subdivision 1.
The bill was read for the first time and referred to the Committee on Government Operations.
Wolgamott, Poppe, Lien and Theis introduced:
H. F. No. 2490, A bill for an act relating to state government; establishing a grant program for skate parks throughout the state; authorizing the Minnesota Amateur Sports Commission to build skate parks; appropriating money; authorizing the sale and issuance of state bonds; proposing coding for new law in Minnesota Statutes, chapter 240A.
The bill was read for the first time and referred to the Committee on Ways and Means.
Sundin, Ecklund, Lien, Lillie, Nelson, Mahoney, Elkins, Pinto, Considine, Cantrell and Lislegard introduced:
H. F. No. 2491, A bill for an act relating to workers' compensation; modifying definition of independent contractors in trucking and messenger/courier industries; amending Minnesota Statutes 2018, section 176.043.
The bill was read for the first time and referred to the Committee on Ways and Means.
Garofalo introduced:
H. F. No. 2492, A bill for an act relating to energy; establishing an electric vehicle charging station revolving loan program; requiring a report; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 216C.
The bill was read for the first time and referred to the Committee on Ways and Means.
Kresha introduced:
H. F. No. 2493, A bill for an act relating to workforce development; appropriating money for SciTechsperience.
The bill was read for the first time and referred to the Committee on Ways and Means.
Dettmer introduced:
H. F. No. 2494, A bill for an act relating to state government; establishing a Minnesota Citizens Federal Oversight Committee; proposing coding for new law in Minnesota Statutes, chapter 3.
The bill was read for the first time and referred to the Committee on Government Operations.
Nash, Theis and Pierson introduced:
H. F. No. 2495, A bill for an act relating to state government; establishing a Legislative Commission on Housing Affordability; proposing coding for new law in Minnesota Statutes, chapter 3.
The bill was read for the first time and referred to the Committee on Government Operations.
Christensen introduced:
H. F. No. 2496, A bill for an act relating to capital investment; appropriating money to realign 60th Street and related improvements in Oak Park Heights; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Ways and Means.
Robbins introduced:
H. F. No. 2497, A bill for an act relating to state government; regulating the display of certain business addresses on the website of the secretary of state; proposing coding for new law in Minnesota Statutes, chapter 5.
The bill was read for the first time and referred to the Committee on Government Operations.
Wazlawik and Urdahl introduced:
H. F. No. 2498, A bill for an act relating to arts and culture; appropriating money for Minnesota Historical Society.
The bill was read for the first time and referred to the Committee on Ways and Means.
Lucero and Robbins introduced:
H. F. No. 2499, A bill for an act relating to motor vehicles; exempting sewage septic tank trucks from certain vehicle-weight limitations; amending Minnesota Statutes 2018, sections 169.829, by adding a subdivision; 169.87, subdivision 6.
The bill was read for the first time and referred to the Transportation Finance and Policy Division.
Pierson, Lee, Boe, Miller, Fischer, Huot and Hansen introduced:
H. F. No. 2500, A resolution calling for an end to the cold genocide and forced organ harvesting from Falun Gong practitioners in China.
The bill was read for the first time and referred to the Committee on Government Operations.
Howard and Ecklund introduced:
H. F. No. 2501, A bill for an act relating to local government; permitting city and town expenditures for city and town historical societies; amending Minnesota Statutes 2018, section 138.053.
The bill was read for the first time and referred to the Committee on Government Operations.
Layman introduced:
H. F. No. 2502, A bill for an act relating to natural resources; temporarily prohibiting enforcement of penalties for failure to remove ice houses.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
Heinrich, Wolgamott, Heintzeman and Stephenson introduced:
H. F. No. 2503, A bill for an act relating to transportation; capital investment; appropriating money for highway‑rail grade separation project in Anoka; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Ways and Means.
Torkelson, Brand, Gruenhagen, Boe and Miller introduced:
H. F. No. 2504, A bill for an act relating to capital investment; appropriating money for the Minnesota Valley Regional Rail Authority; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Ways and Means.
Ecklund, Sundin, Sandstede and Lislegard introduced:
H. F. No. 2505, A bill for an act relating to natural resources; appropriating money to improve quality of forest inventory data.
The bill was read for the first time and referred to the Committee on Ways and Means.
Wazlawik introduced:
H. F. No. 2506, A bill for an act relating to economic development; appropriating money for community prosperity grants.
The bill was read for the first time and referred to the Committee on Ways and Means.
Huot and Bierman introduced:
H. F. No. 2507, A bill for an act relating to public safety; consolidating various DWI provisions; modifying fine distribution for certain DWIs committed in recreational vehicles; amending Minnesota Statutes 2018, sections 84.83, subdivision 5; 86B.705, subdivision 2; 97A.065, subdivision 2; 169A.20, subdivision 1; repealing Minnesota Statutes 2018, section 169A.20, subdivisions 1a, 1b, 1c.
The bill was read for the first time and referred to the Committee on Ways and Means.
Vogel introduced:
H. F. No. 2508, A bill for an act relating to state government; modifying certain requirements related to public contracting; amending Minnesota Statutes 2018, section 16C.045; proposing coding for new law in Minnesota Statutes, chapter 16C.
The bill was read for the first time and referred to the Committee on Government Operations.
Freiberg and Carlson, L., introduced:
H. F. No. 2509, A bill for an act relating to state government; establishing a Volunteerism Innovation Board; requiring grants; appropriating money; proposing coding for new law as Minnesota Statutes, chapter 129E.
The bill was read for the first time and referred to the Committee on Government Operations.
Huot, Bierman, Heintzeman, Fabian, Urdahl and Hausman introduced:
H. F. No. 2510, A bill for an act relating to arts and culture; appropriating money for Minnesota Zoological Garden.
The bill was read for the first time and referred to the Committee on Ways and Means.
Lippert introduced:
H. F. No. 2511, A bill for an act relating to capital investment; appropriating money for development of local trail connections in Northfield to the Mill Towns State Trail; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Ways and Means.
Long, Gomez, Hornstein, Noor, Lee, Hassan, Wagenius, Davnie, Dehn and Loeffler introduced:
H. F. No. 2512, A bill for an act relating to retirement; revising the employer supplemental and state contributions to the Public Employees Retirement Association related to the former MERF division; amending Minnesota Statutes 2018, sections 353.27, subdivision 3c; 353.505.
The bill was read for the first time and referred to the Committee on Government Operations.
Schomacker introduced:
H. F. No. 2513, A bill for an act relating to environment; requiring commissioner of Pollution Control Agency to engage in rulemaking and to take certain actions with respect to class 3 and 4 waters.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
Schultz, Olson and Moran introduced:
H. F. No. 2514, A bill for an act relating to economic development; appropriating money for a study creating Duluth-Iron Range African Heritage Hub.
The bill was read for the first time and referred to the Committee on Ways and Means.
Schultz, Olson, Murphy, Torkelson, Ecklund, Lislegard, Layman, Sandstede, Sundin, Hausman and Hansen introduced:
H. F. No. 2515, A resolution declaring September 7, 2019, as Great Lakes-St. Lawrence Appreciation Day in Minnesota, encouraging all Minnesotans to learn about the importance of the Great Lakes and St. Lawrence River to the economy and the environment of Minnesota, and urging recognition of this day across the region.
The bill was read for the first time and referred to the Committee on Government Operations.
Munson, Lippert and Brand introduced:
H. F. No. 2516, A bill for an act relating to education finance; increasing state aid for school district telecommunications projects; modifying the calculation of telecommunications equity access aid for public and nonpublic schools; appropriating money; amending Minnesota Statutes 2018, section 125B.26, subdivisions 4, 5.
The bill was read for the first time and referred to the Committee on Ways and Means.
Munson, Drazkowski, Bahr, Liebling, Schultz and Miller introduced:
H. F. No. 2517, A bill for an act relating to health; requiring transparency in hospital billing within a certain time; amending Minnesota Statutes 2018, section 144.586, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Health and Human Services Policy.
Munson, Drazkowski, Bahr, Schultz and Miller introduced:
H. F. No. 2518, A bill for an act relating to health; requiring cost disclosure for qualifying prescription drugs; requiring a report; proposing coding for new law in Minnesota Statutes, chapter 144.
The bill was read for the first time and referred to the Committee on Commerce.
Schomacker, Swedzinski, Torkelson, Fabian and Hamilton introduced:
H. F. No. 2519, A bill for an act relating to water; requiring rulemaking for shallow lakes; requiring review and report on rules for shallow lakes.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
Quam, Torkelson and Johnson introduced:
H. F. No. 2520, A bill for an act relating to motor vehicles; amending the distribution of contributions made for Law Enforcement Memorial Association license plates; requiring a report; amending Minnesota Statutes 2018, section 168.1294, subdivision 6.
The bill was read for the first time and referred to the Committee on Ways and Means.
Koznick introduced:
H. F. No. 2521, A bill for an act relating to transportation; appropriating money to expand the Kenrick Avenue park-and-ride facility in Lakeville.
The bill was read for the first time and referred to the Committee on Ways and Means.
Hassan; Her; Mariani; Xiong, J.; Considine; Cantrell; Noor and Mahoney introduced:
H. F. No. 2522, A bill for an act relating to vocational rehabilitation; appropriating money.
The bill was read for the first time and referred to the Committee on Ways and Means.
Loeffler introduced:
H. F. No. 2523, A bill for an act relating to environment; establishing advisory task force on green roofs; requiring a report; appropriating money.
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.
Nash introduced:
H. F. No. 2524, A bill for an act relating to the secretary of state; creating a technology and cybersecurity account; providing for technology and cybersecurity maintenance; proposing coding for new law in Minnesota Statutes, chapter 5.
The bill was read for the first time and referred to the Committee on Government Operations.
Schultz, Miller, Bierman, Olson, Fischer, Pinto and Zerwas introduced:
H. F. No. 2525, A bill for an act relating to human services; appropriating money for grants to Life House and The Link.
The bill was read for the first time and referred to the Committee on Ways and Means.
Hausman, Her, Gunther, Howard, Theis, Hornstein and Noor introduced:
H. F. No. 2526, A bill for an act relating to housing; appropriating money for a housing mediation eviction prevention program.
The bill was read for the first time and referred to the Committee on Ways and Means.
Fabian introduced:
H. F. No. 2527, A bill for an act relating to agriculture; appropriating money for grants to the Minnesota Turf Seed Council.
The bill was read for the first time and referred to the Committee on Ways and Means.
Murphy introduced:
H. F. No. 2528, A bill for an act relating to capital investment; appropriating money for city of Rice Lake water, sewer, and utilities extension; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Ways and Means.
Murphy introduced:
H. F. No. 2529, A bill for an act relating to capital investment; appropriating money for the safe routes to school grant program; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Ways and Means.
Schultz and Lislegard introduced:
H. F. No. 2530, A bill for an act relating to taxation; income; reducing the dividends received deduction for debt financed stock; amending Minnesota Statutes 2018, section 290.21, subdivision 4.
The bill was read for the first time and referred to the Committee on Taxes.
Sandell; Robbins; Youakim; Her; Edelson; Carlson, L., and Erickson introduced:
H. F. No. 2531, A bill for an act relating to education finance; authorizing a grant to the Minnesota Council on Economic Education; appropriating money.
The bill was read for the first time and referred to the Committee on Ways and Means.
Sandstede, Ecklund, Considine, Sundin and Layman introduced:
H. F. No. 2532, A bill for an act relating to capital investment; appropriating money for the Minnesota Correctional Facility - Togo wastewater infrastructure improvements; authorizing the sale and issuance of state bonds.
The bill was read for the first time and referred to the Committee on Ways and Means.
Bernardy, Moran, Klevorn, Gomez, Hausman, Her, Vang, Schultz, Loeffler, Moller, Olson and Becker-Finn introduced:
H. F. No. 2533, A bill for an act relating to the legislature; appropriating money for the Office on the Economic Status of Women and related duties.
The bill was read for the first time and referred to the Committee on Ways and Means.
Bernardy introduced:
H. F. No. 2534, A bill for an act relating to campaign finance; modifying definition of expressly advocating; providing for disclosure of electioneering communications; amending prorating method for contributions or use of general treasury money; providing penalties; amending Minnesota Statutes 2018, sections 10A.01, subdivision 16a; 10A.121, subdivision 1; 10A.20, subdivision 3; 10A.244; 10A.25, subdivision 3a; 10A.27, subdivision 15; proposing coding for new law in Minnesota Statutes, chapter 10A.
The bill was read for the first time and referred to the Committee on Government Operations.
Pierson, Sundin, Ecklund, Dehn, Torkelson and Fabian introduced:
H. F. No. 2535, A bill for an act relating to clean water; establishing a grant program to clean up contaminated tax-forfeited property; appropriating money.
The bill was read for the first time and referred to the Committee on Ways and Means.
Mann; Richardson; Hassan; Xiong, J.; Bahner and Halverson introduced:
H. F. No. 2536, A bill for an act relating to human services; modifying personal care assistance program; amending Minnesota Statutes 2018, section 256B.0659, subdivisions 1, 6.
The bill was read for the first time and referred to the Committee on Health and Human Services Policy.
Mahoney introduced:
H. F. No. 2537, A bill for an act relating to the State Fire Code; adding fire safety requirements for places of public accommodation; requiring inspections by the state fire marshal of places of public accommodation; creating a dedicated account in the special revenue fund; appropriating money; amending Minnesota Statutes 2018, section 299F.391, subdivisions 1, 2; proposing coding for new law in Minnesota Statutes, chapter 299F.
The bill was read for the first time and referred to the Committee on Commerce.
Mahoney introduced:
H. F. No. 2538, A bill for an act relating to commerce; appropriating money for unclaimed property compliance.
The bill was read for the first time and referred to the Committee on Ways and Means.
Pryor introduced:
H. F. No. 2539, A bill for an act relating to human services; allowing for review of variance denials for family child care providers; amending Minnesota Statutes 2018, section 245A.16, by adding a subdivision.
The bill was read for the first time and referred to the Committee on Ways and Means.
Christensen introduced:
H. F. No. 2540, A bill for an act relating to education; modifying extended time revenue provisions; amending Minnesota Statutes 2018, section 124E.20, subdivision 1.
The bill was read for the first time and referred to the Committee on Ways and Means.
Vang and Poppe introduced:
H. F. No. 2541, A bill for an act relating to health; allowing for the sale of certain products containing cannabidiol derived from industrial hemp; proposing coding for new law in Minnesota Statutes, chapter 151.
The bill was read for the first time and referred to the Committee on Commerce.
Hausman introduced:
H. F. No. 2542, A bill for an act relating to housing; modifying the Minnesota Bond Allocation Act relating to housing bonds; amending Minnesota Statutes 2018, sections 474A.02, by adding subdivisions; 474A.061, subdivisions 1, 2a, by adding a subdivision; 474A.091, subdivisions 2, 3.
The bill was read for the first time and referred to the Committee on Ways and Means.
Mahoney, Ecklund and Sundin introduced:
H. F. No. 2543, A bill for an act relating to employment; exempting minor league baseball players from minimum wage and overtime requirements; amending Minnesota Statutes 2018, section 177.23, subdivision 7.
The bill was read for the first time and referred to the Committee on Labor.
Bernardy introduced:
H. F. No. 2544, A bill for an act relating to higher education; providing funding and related programs for the Office of Higher Education, the Minnesota State Colleges and Universities; the University of Minnesota, and other related programs; requiring reports; appropriating money; amending Minnesota Statutes 2018, sections 127A.70, subdivision 2; 136A.101, subdivision 5a; 136A.121, subdivisions 5, 6; 136A.246, subdivisions 4, 8.
The bill was read for the first time and referred to the Committee on Ways and Means.
MESSAGES FROM THE SENATE
The
following message was received from the Senate:
Madam Speaker:
I hereby announce the passage by the
Senate of the following Senate File, herewith transmitted:
S. F. No. 2225.
Cal R. Ludeman,
Secretary of the Senate
Elkins was excused between the hours
of 3:40 p.m. and 4:40 p.m.
Daudt and Long were excused for the
remainder of today's session.
FIRST READING
OF SENATE BILLS
S. F. No. 2225, A bill for an act relating to agriculture; expanding a disaster recovery loan program; providing a retroactive effective date; amending Minnesota Statutes 2018, section 41B.047, subdivisions 1, 3.
The bill was read for the first time.
DECLARATION
OF URGENCY
Pursuant to Article IV, Section 19, of the
Constitution of the state of Minnesota, Poppe moved that the rule therein be
suspended and an urgency be declared and that the rules of the House be so far
suspended so that S. F. No. 2225 be given its second and third
readings and be placed upon its final passage.
The motion prevailed.
S. F. No. 2225 was read for
the second time.
S. F. No. 2225, A bill for an act relating to agriculture; expanding a disaster recovery loan program; providing a retroactive effective date; amending Minnesota Statutes 2018, section 41B.047, subdivisions 1, 3.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 127 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Acomb
Albright
Anderson
Bahner
Bahr
Baker
Becker-Finn
Bennett
Bernardy
Bierman
Boe
Brand
Cantrell
Carlson, A.
Carlson, L.
Christensen
Claflin
Considine
Daniels
Davids
Davnie
Dehn
Demuth
Dettmer
Drazkowski
Ecklund
Edelson
Elkins
Erickson
Fabian
Fischer
Franson
Freiberg
Garofalo
Gomez
Green
Gruenhagen
Gunther
Haley
Halverson
Hamilton
Hansen
Hassan
Hausman
Heinrich
Heintzeman
Her
Hertaus
Hornstein
Howard
Huot
Johnson
Jurgens
Kiel
Klevorn
Koegel
Kotyza-Witthuhn
Koznick
Kresha
Kunesh-Podein
Layman
Lee
Lesch
Liebling
Lien
Lillie
Lippert
Lislegard
Loeffler
Lucero
Lueck
Mann
Mariani
Marquart
Masin
McDonald
Mekeland
Miller
Moller
Moran
Morrison
Munson
Murphy
Nash
Nelson
Neu
Noor
Nornes
O'Driscoll
Olson
O'Neill
Pelowski
Persell
Petersburg
Pierson
Pinto
Poppe
Poston
Pryor
Quam
Richardson
Robbins
Runbeck
Sandell
Sandstede
Sauke
Schomacker
Schultz
Scott
Stephenson
Sundin
Swedzinski
Tabke
Theis
Torkelson
Urdahl
Vang
Vogel
Wagenius
Wazlawik
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Zerwas
Spk. Hortman
The
bill was passed and its title agreed to.
Mann was excused for the remainder of
today's session.
CALENDAR FOR THE
DAY
H. F. No. 349, A bill for
an act relating to health; including electronic cigarettes in the definition of
smoking for purposes of the Minnesota Clean Indoor Air Act; making technical
and clarifying changes; amending Minnesota Statutes 2018, sections 144.412;
144.413, subdivisions 1, 4; 144.414, subdivisions 2, 3; 144.416; 144.4165;
144.417, subdivision 4; repealing Minnesota Statutes 2018, section 144.414,
subdivision 5.
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 100 yeas and 25 nays as follows:
Those who voted in the affirmative were:
Acomb
Anderson
Bahner
Baker
Becker-Finn
Bennett
Bernardy
Bierman
Boe
Brand
Cantrell
Carlson, A.
Carlson, L.
Christensen
Claflin
Considine
Davids
Davnie
Dehn
Demuth
Dettmer
Ecklund
Edelson
Elkins
Erickson
Fischer
Freiberg
Gomez
Gruenhagen
Haley
Halverson
Hamilton
Hansen
Hassan
Hausman
Her
Hornstein
Howard
Huot
Jurgens
Klevorn
Koegel
Kotyza-Witthuhn
Koznick
Kresha
Kunesh-Podein
Layman
Lee
Lesch
Liebling
Lien
Lillie
Lippert
Lislegard
Loeffler
Lueck
Mariani
Marquart
Masin
Moller
Moran
Morrison
Murphy
Nelson
Noor
O'Driscoll
Olson
O'Neill
Pelowski
Persell
Petersburg
Pierson
Pinto
Poppe
Poston
Pryor
Quam
Richardson
Robbins
Runbeck
Sandell
Sandstede
Sauke
Schomacker
Schultz
Stephenson
Sundin
Tabke
Torkelson
Urdahl
Vang
Wagenius
Wazlawik
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Zerwas
Spk. Hortman
Those who voted in the negative were:
Albright
Bahr
Daniels
Drazkowski
Fabian
Franson
Garofalo
Green
Gunther
Heinrich
Heintzeman
Hertaus
Kiel
Lucero
McDonald
Mekeland
Miller
Munson
Nash
Neu
Nornes
Scott
Swedzinski
Theis
Vogel
The bill was passed and its title agreed
to.
Dettmer was excused for the remainder
of today's session.
REPORT FROM THE COMMITTEE ON
RULES
AND LEGISLATIVE ADMINISTRATION
Winkler 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 Monday, March 18,
2019 and established a prefiling requirement for amendments offered to the
following bills:
H. F. Nos. 50 and 400; and
S. F. No. 1743.
MOTIONS AND RESOLUTIONS
Jurgens moved that the name of Dettmer be
added as an author on H. F. No. 55. The motion prevailed.
Poppe moved that the name of Dettmer be
added as an author on H. F. No. 411. The motion prevailed.
Poppe moved that the name of Dettmer be
added as an author on H. F. No. 436. The motion prevailed.
O'Neill moved that the name of Poston be
added as an author on H. F. No. 480. The motion prevailed.
Johnson moved that the name of Poston be
added as an author on H. F. No. 530. The motion prevailed.
Mann moved that the name of Stephenson be
added as an author on H. F. No. 684. The motion prevailed.
Mariani moved that the name of Miller be
added as an author on H. F. No. 717. The motion prevailed.
Cantrell moved that the name of Olson be
added as an author on H. F. No. 724. The motion prevailed.
Mann moved that the name of Pierson be
added as an author on H. F. No. 748. The motion prevailed.
Moran moved that the names of Vang and
Xiong, J., be added as authors on H. F. No. 771. The motion prevailed.
Zerwas moved that the name of Robbins be
added as an author on H. F. No. 785. The motion prevailed.
Kunesh-Podein moved that the names of
Lillie, Huot, Bernardy and Xiong, J., be added as authors on
H. F. No. 799. The motion
prevailed.
Bahr moved that the name of Gruenhagen be
added as an author on H. F. No. 986. The motion prevailed.
Zerwas moved that the name of Robbins be
added as an author on H. F. No. 1000. The motion prevailed.
Fischer moved that the name of Xiong, J.,
be added as an author on H. F. No. 1007. The motion prevailed.
Mann moved that the name of Long be added
as an author on H. F. No. 1011.
The motion prevailed.
Edelson moved that the name of
Dettmer be added as an author on H. F. No. 1037. The motion prevailed.
Cantrell moved that the names of Lillie
and Huot be added as authors on H. F. No. 1043. The motion prevailed.
Pryor moved that the name of Dettmer be
added as an author on H. F. No. 1132. The motion prevailed.
Tabke moved that the name of Sandell be
added as an author on H. F. No. 1142. The motion prevailed.
Tabke moved that the name of Sandell be
added as an author on H. F. No. 1156. The motion prevailed.
Morrison moved that the name of Pinto be
added as an author on H. F. No. 1199. The motion prevailed.
Olson moved that the names of Daniels and
Kresha be added as authors on H. F. No. 1207. The motion prevailed.
Kotyza-Witthuhn moved that the name of
Kresha be added as an author on H. F. No. 1268. The motion prevailed.
Persell moved that the name of Olson be
added as an author on H. F. No. 1284. The motion prevailed.
Scott moved that the name of Schomacker be
added as an author on H. F. No. 1312. The motion prevailed.
Koegel moved that the name of Robbins be
added as an author on H. F. No. 1394. The motion prevailed.
Poppe moved that the name of Jurgens be
added as an author on H. F. No. 1417. The motion prevailed.
Poppe moved that the name of Jurgens be
added as an author on H. F. No. 1418. The motion prevailed.
Stephenson moved that the names of Klevorn
and Vang be added as authors on H. F. No. 1424. The motion prevailed.
Urdahl moved that the name of Xiong, J.,
be added as an author on H. F. No. 1482. The motion prevailed.
Nelson moved that the name of Persell be
added as an author on H. F. No. 1483. The motion prevailed.
Edelson moved that the name of Huot be
added as an author on H. F. No. 1522. The motion prevailed.
Liebling moved that the name of Koznick be
added as an author on H. F. No. 1540. The motion prevailed.
Zerwas moved that the name of Robbins be
added as an author on H. F. No. 1541. The motion prevailed.
Brand moved that the name of Schomacker be
added as an author on H. F. No. 1608. The motion prevailed.
Fischer moved that the name of Olson be
added as an author on H. F. No. 1624. The motion prevailed.
Ecklund moved that the name of Koznick be
added as an author on H. F. No. 1649. The motion prevailed.
Richardson moved that the name of Moran be
added as an author on H. F. No. 1658. The motion prevailed.
Demuth moved that the name of Haley
be added as an author on H. F. No. 1680. The motion prevailed.
Davids moved that the name of Her be added
as an author on H. F. No. 1712.
The motion prevailed.
Zerwas moved that the names of Fischer and
Becker-Finn be added as authors on H. F. No. 1741. The motion prevailed.
Youakim moved that the names of Lueck,
Marquart and Theis be added as authors on H. F. No. 1782. The motion prevailed.
Nash moved that the name of Daudt be added
as an author on H. F. No. 1794.
The motion prevailed.
Cantrell moved that the names of Vang,
Lillie, Huot, Schultz and Xiong, J., be added as authors on
H. F. No. 1805. The
motion prevailed.
Hansen moved that the name of Davids be
added as an author on H. F. No. 1845. The motion prevailed.
Albright moved that the name of Haley be
added as an author on H. F. No. 1874. The motion prevailed.
Heintzeman moved that the name of Haley be
added as an author on H. F. No. 1881. The motion prevailed.
Wolgamott moved that the name of Kiel be
added as an author on H. F. No. 1915. The motion prevailed.
Moller moved that the name of Carlson, A.,
be added as an author on H. F. No. 1955. The motion prevailed.
Long moved that the name of Pryor be added
as an author on H. F. No. 1956.
The motion prevailed.
Lippert moved that the name of Schomacker
be added as an author on H. F. No. 1961. The motion prevailed.
Huot moved that the name of Brand be added
as an author on H. F. No. 1993.
The motion prevailed.
Cantrell moved that the name of Robbins be
added as an author on H. F. No. 2009. The motion prevailed.
Mann moved that the name of Acomb be added
as an author on H. F. No. 2036.
The motion prevailed.
Halverson moved that the name of Elkins be
added as chief author on H. F. No. 2051. The motion prevailed.
Hansen moved that the names of Xiong, T.;
Christensen; Bierman and Morrison be added as authors on
H. F. No. 2070. The
motion prevailed.
Poppe moved that the name of Kiel be added
as an author on H. F. No. 2093.
The motion prevailed.
Carlson, A., moved that the names of Boe,
Mekeland, Swedzinski and Baker be added as authors on
H. F. No. 2126. The
motion prevailed.
Poston moved that the name of Erickson be
added as an author on H. F. No. 2210. The motion prevailed.
Long moved that the name of Acomb be added
as an author on H. F. No. 2233.
The motion prevailed.
Robbins moved that the name of Kiel
be added as an author on H. F. No. 2255. The motion prevailed.
Claflin moved that the name of Xiong, J.,
be added as an author on H. F. No. 2274. The motion prevailed.
Fischer moved that the name of Dettmer be
added as an author on H. F. No. 2314. The motion prevailed.
Jurgens moved that the name of Lueck be
added as an author on H. F. No. 2317. The motion prevailed.
Becker-Finn moved that the names of
Persell, Lillie, Hansen, Lee and Her be added as authors on
H. F. No. 2321. The
motion prevailed.
Huot moved that the name of Bierman be
added as an author on H. F. No. 2328. The motion prevailed.
Mariani moved that the name of Stephenson
be added as an author on H. F. No. 2341. The motion prevailed.
Jurgens moved that the name of Claflin be
added as an author on H. F. No. 2353. The motion prevailed.
Acomb moved that the name of Pryor be
added as an author on H. F. No. 2399. The motion prevailed.
Davnie moved that the name of Xiong, J.,
be added as an author on H. F. No. 2420. The motion prevailed.
Lillie moved that the names of Carlson,
A., and Moller be added as authors on H. F. No. 2434. The motion prevailed.
Heintzeman moved that the name of Poston be
added as an author on H. F. No. 2455. The motion prevailed.
Bahr moved that
H. F. No. 1558 be recalled from the Veterans and Military
Affairs Finance and Policy Division and be re-referred to the Committee on
Environment and Natural Resources Policy. The motion prevailed.
Johnson moved that
H. F. No. 400, now on the Calendar for the Day, be re-referred
to the Public Safety and Criminal Justice Reform Finance and Policy
Division. The motion did not prevail.
ADJOURNMENT
Winkler moved that when the House adjourns
today it adjourn until 3:30 p.m., Monday, March 18, 2019. The motion prevailed.
Winkler moved that the House adjourn. The motion prevailed, and the Speaker
declared the House stands adjourned until 3:30 p.m., Monday, March 18, 2019.
Patrick
D. Murphy, Chief
Clerk, House of Representatives